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Property Keyed to Saxer
Hadian v. Schwartz
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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:
On April 14, 1984, Edward Schwartz (Defendant) leased commercial property from Rose Hadian (Plaintiff). The term of the lease was for three years at $650 per month, with the option to renew for five more years at $800 per month. The parties used a form lease with pre-printed provisions. They struck out certain provisions, including a warranty that the property did not violate building codes, regulations or ordinances, as well as a warranty regarding the plumbing, lighting, and heating conditions. Furthermore, the parties struck out a provision requiring the lessee to pay property taxes. Instead, the parties arranged for Plaintiff to pay the property taxes while Defendant was to pay any increase in property taxes during the term of his lease. The lease also contained provisions requiring Defendant to comply with any applicable statutes, ordinances, and other requirements regulating his use of the property. Additionally, Plaintiff was relieved of any obligation to repair or maintain the property. After the three-year term expired, Defendant exercised his option to renew for another five years. About five months later, the City of Los Angeles informed Plaintiff that the building was susceptible to earthquake damage. In order to comply with the city’s earthquake hazard reduction program, enacted a few years prior to the signing of the lease, the building required seismic reconstruction. Plaintiff paid $34,450.26 to reconstruct the building’s frame and to replace the roof and requested that Defendant indemnify her for the cost. When Defendant refused, Plaintiff sued Defendant for breach of contract to recover the cost. The trial court found in Plaintiff’s favor. The court of appeal affirmed.
- 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.