SmartBrief
Confirm favorite deletion?
Products Liability Keyed Owen, 8th Ed.
Barb v. Wallace
Citation:
412 A.2d 1314 (1980)Facts
George William Barb, a sixteen-year-old, purchased a used gasoline-powered engine from Robert Wallace for five dollars, intending to use it in a go-cart. Before purchasing, George asked Wallace if the engine ran well, to which Wallace replied that he had been using it around his farm and “it ran real good.” George informed Wallace of his intention to use the engine in a go-cart, and Wallace assured him it would work for that purpose because “the shaft was out of the side of the engine.” George declined to test the engine at Wallace’s property, stating he “took his word that it ran good.” Approximately twenty minutes after bringing the engine home, George attempted to start it by using the kick starter as instructed by Wallace. The engine started but immediately exploded, causing severe injuries to George’s head.
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.