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Torts Keyed to Henderson
Pelkey v. Norton
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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:
Pelkey (Plaintiff), an automobile salesman, agreed to sell Norton (Defendant) a 1951 Packard vehicle for $3,007.84. Defendant paid $1,807.84 in cash and traded in a truck towards the purchase price for an amount of $1,200. At the time of their negotiation, Defendant informed Plaintiff that the truck was a 1949 Chevrolet truck in order to induce Plaintiff to provide a greater trade-in amount. In reality, the truck was a 1947 Chevrolet model. To verify Defendant’s claim that it was a 1949 model, the dealership looked at certain numbers and a serial letter from the impression on Defendant’s truck. A mistake was made in reading the letter Q as O. If read correctly, the letter Q would have informed Plaintiff that the truck was a 1947 model. The difference in the trade-in price between a 1947 model and 1949 model truck was about $700. When the truck was later sold to a third-party purchaser, it was discovered that the truck was a 1947 model. The third-party purchaser subsequently sued Plaintiff for damages. Plaintiff then sued Defendant for fraud. At the conclusion of Plaintiff’s evidence at trial, Defendant moved for a directed verdict, which was granted. Plaintiff appealed.
- 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.