Confirm favorite deletion?
Contracts Keyed to Kuney
Bayliner Marine Corp. v. Crow
Citation:257 Va. 121, 509 S.E.2d 499 (1999).
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. Review the Facts of this case here:
In the summer of 1989, Crow met with a Tidewater sales representative to ride on Bayliner’s new model of sport fishing boat: a 3486 Trophy Convertible. Crow asked about the boat’s maximum speed and the representative consulted with the “prop matrixes” provided by Bayliner. The documents stated the maximum speed was 30 mph when equipped with a “20×20” or “20×19” propeller and approximately 600 lbs of equipment. The boat in which Crow had ridden was equipped with a “20×17” propeller. In August 1989, Crow entered into a contract to purchase the 3486 Trophy Convertible for $120,000 plus tax. The sales price also included a variety of equipment which added about 2,000 lbs to weight of the boat. After receiving the boat in September 1989, Crow learned that the boat’s maximum speed was 13 mph. Crow immediately returned to Tidewater to report the problem. Over the next year Tidewater made a number of repairs, but the boat never achieved a speed greater than 17 mph, except for a single instance where it achieved 24 mph.
- 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.