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Property Keyed to Rabin
Frickel v. Sunnyside Enterprises, Inc.
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*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. Review the Facts of this case here:
Sunnyside (Defendant) was a professional developer who always built their properties for themselves to own and manage rather than for sale.Nevertheless the Frickels (Plaintiffs), with the advice of counsel, were able to execute an agreement of sale for an apartment building that Defendant had constructed to provide income during their retirement. The contract stipulated that the Plaintiffs fully inspected the property and that neither Defendant nor its successors or assigns could be held to any covenant respecting the condition of the building. A few years after the sale, Plaintiffs discovered that the building’s foundations were inadequate and improperly designed for the soil on which it was built, even though Defendant built it to the exact specifications demanded by the city. The defective construction would cost $330,000 to repair; otherwise the foundation would fail in eight or nine years.
- 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.