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Contracts Keyed to Farnsworth
Bartus v. Riccardi
Citation:284 N.Y.S.2d 222
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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.
- 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:
Riccardi (defendant) contracted with Bartus (plaintiff) to purchase a Model A-660 Acousticon hearing aid from Bartus. Bartus placed an order for the Model A-660 Acousticon and was informed that this model had been modified and improved. The new and improved model was now called the Model A-665. Riccardi was fitted with the Model A-665 and complained about the noise. Bartus assured Riccardi that he would get used to the hearing aid. Riccardi eventually went back to Bartus’ clinic, where he was informed that the hearing aid was not the Model A-660. Riccardi returned the hearing aid he received. Bartus offered to deliver the Model A-660 or a replacement of the Model A-665, but Riccardi refused to accept either model. Bartus sued Riccardi for the balance due on the contract.
- 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.