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Contracts Keyed to Templin
Bayliner Marine Corp. v. Crow
Citation:257 Va. 121
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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:
In 1989 Plaintiff was invited to ride on a new model sport fishing boat, 3486 Trophy Convertible, that is manufactured by Defendant. Plaintiff asked the sales rep about the maximum speed of the boat. The sales rep consulted two documents described as “prop matrixes,” which were included by Defendant in its dealer’s manual. The sales rep gave Plaintiff copies of the “prop matrixes,” which listed the boat as having a maximum speed of 30 miles per hour when equipped with a size “20×20” propeller. The boat Plaintiff purchased had a size “20×17” propeller. The sales rep also showed Plaintiff a brochure that stated that this boat model “delivers the kind of performance you need to get to the prime offshore fishing grounds.” In August 1989, Plaintiff entered into a written contract for the purchase of the boat. However, in September 1989, Plaintiff discovered the boat’s maximum speed was 13 miles per hour so he immediately returned the boat and reported the problem.
- 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.