Torts Keyed to Prosser
Philadelphia Electric Company v. Hercules, Inc
Facts
The Plaintiff purchased property from Gould that was originally owned by PICCO. Plaintiff owned land adjacent to the PICCO land and had ample opportunity to examine the land it purchased. Subsequently, Defendant became the successor to PICCO and expressly assumed all obligations and liabilities of PICCO. The Pennsylvania Department of Environmental Resources (DER) discovered pollutant materials similar to those once produced by PICCO seeping into the Delaware River and ordered Plaintiff to eliminate the situation. Plaintiff brought suit against Defendant for damages and an injunction to abate any further pollution. The district court granted both. The suit was based on private nuisance, public nuisance and indemnity. The relationship between Plaintiff and Defendant was treated by the court as one of vendor and remote vendee of land. The sale of the site was subject to the rule of caveat emptor, being between two commercial corporations with no misrepresentation or concealment and full opportunity to inspect.
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.