Confirm favorite deletion?
Property Keyed to Rabin
Laba v. Carey
Facts
Laba (Plaintiff) and Carey (Defendant) contracted for the sale of Carey’s property, which required Carey to deliver title free of all encumbrances except those noted in the contract.The contract was made subject to the “covenants, restrictions, utility agreement and easements of record,” provided they have not been violated.A title search revealed the existence of a recorded telephone easement and a “Waiver of Legal Grades” restrictive covenant, which required any successive owner of the property to install a sidewalk in accordance with the legal grade at any time the Commissioner of Highways directed. The sidewalk in front the subject property and all the surrounding property was below legal grade, but neither the easement nor the covenant had ever been violated. The title insurance company reported that the Defendant had good and marketable title, which it would insure, but excluded the easement and covenant from its coverage. Plaintiff informed Defendant that he was prepared to close provided that the existing tenant had vacated the premises. Defendant responded that their agreement only obligated him to serve the tenant a notice of termination. Plaintiff then refused to close, claiming a failure to deliver good, marketable and insurable title due to the easement and covenant.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.