Contracts Keyed to Murphy
Ayer v. Western Union Telegraph Co
Facts
The Plaintiff, Ayer (Plaintiff), delivered a message to the Defendant, Western Union Telegraph Co. (Defendant), which was to be transmitted to a third party. Plaintiff had entered into a contract with the third party for the sale of goods at $2.10, but Defendant transmitted the offer at $2.00. When the third party accepted the offer, he accepted and enforced it at $2.00. Plaintiff brought suit against Defendant for the difference in profit, based on the mistake made by Defendant. At trial of this matter, the Defendant offered no evidence, which created a presumption that the mistake resulted from its faulty transmission. Plaintiff contended that it should receive the difference in the amount of the contract to which it was forced to agree and the amount it offered via Defendant. Defendant contended that, in its mistake, it only owed Plaintiff the return of its telegraph fees.
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.