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Contracts Keyed to Templin
Benya v. Stevens and Thompson Paper Co.
Citation:143 Vt. 521 (1983)
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*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 September 1979, Defendant entered into an exclusive listing agreement with a Vermont real estate brokerage partnership for the sale of 5,243 acres of timberland. During this time, a Massachusetts corporation engaged in the sale and management of real estate in Vermont and elsewhere communicated with Plaintiff about Defendant’s land. Then at Plaintiff’s request, the Massachusetts corporation prepared a purchase and sales agreement for the purchase of land. The agreement was executed and sent to Defendant. Defendant made a number of additions and modifications, and then Defendant’s vice-president initialed each change and signed the document. Plaintiff disagrees with the proposed amount of deposit and wanted clarification on some of the other modifications. The Massachusettes corporation, after speaking with Defendant, prepared a new purchase and sales agreement. Plaintiff executed this agreement in October and received by Defendant in November. But, Defendant never executed the document or responded concerning the terms and sold the land to another prospective purchaser.
- 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.