SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Bashir v. Moayedi
Citation:
627 A.2d 997 (1993)Facts
Mona Bashir executed two promissory notes in favor of Sourena Moayedi and Behzad J. Shirazi in exchange for 1,000 shares of stock in Shiraz, Inc. The notes were for $43,000 and $32,000 respectively, with acceleration clauses allowing full payment demand upon default with ten days’ written notice. In November 1988, Bashir sold her interest to Daou, Inc., which assumed the payment obligations on the notes. Moayedi and Shirazi were unaware of this arrangement and did not consent to it. When only partial payments were received for October through December 1990, they sent Bashir a default notice. After no response, they sued both Bashir and Daou, Inc. Bashir claimed she was not liable because Daou had assumed the obligations and because the creditors had accepted payments from Daou, which she argued constituted ratification of the assumption agreement.
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.