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Torts Keyed to Epstein
Tarleton v. M’Gawley
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- 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.
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- 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.
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- 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:
Plaintiffs were owners of a ship called the Tarleton. Plaintiff fitted the ship with hopes of trading with the natives on the Cameroon coast. The captain of the Tarleton sent a smaller vessel called the Bannister loaded with goods to another part of the coast to trade with natives. Natives began to visit the Bannister when Defendant’s ship, the Othello, shot on them with a cannon, killing one of them. Plaintiff alleged that Defendant did this so that the natives would not trade with Plaintiff. Plaintiff called the commander of the Bannister to testify at trial and the facts as stated were so proved. On cross examination, it was admitted that by custom, no Europeans can trade until a duty was paid to the king of that country and that Plaintiff had in fact not paid that duty. Defendant contended that Plaintiff was engaged in illicit trade and that the law should not support his cause of action.
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