Confirm favorite deletion?
Property Law Keyed to Cribbet
Untitled - #17462
Facts
Defendants agreed to an offer to purchase two commercial properties, one belonging to Plaintiff for $30,000.00 and another belonging to Putterman for $40,000.00, and the Defendants, in their offer to purchase with Plaintiff agreed to close the purchase of both properties simultaneously and to pay a promissory note of $5,000.00 due at closing to Plaintiff, subject to proper financing. The Defendants were unable to obtain financing for both of the properties and offered to finance the properties up to $45,000.00, which Plaintiff refused. The Plaintiff sued to recover $5,000.00 due under the promissory note. The case was tried by a judge that found that the “subject to financing” clause was a condition precedent to the performance of the contract on the part of the Defendants, who had, in good faith, attempted to obtain financing but were unable to do so. The lower court dismissed the complaint and the Plaintiff appealed.
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.