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Contracts Keyed to Summers
BRC Rubber & Plastics, Inc. v. Continental Carbon Co.
Citation:900 F.3d 529
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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:
BRC Rubber & Plastics, Incorporated (“BRC”) (plaintiff) and Continental Carbon Corporation (“Continental”) (defendant) entered into a five-year agreement, under which Continental agreed to sell BRC approximately 1.8 million pounds of carbon black (a raw material used in rubber products) annually. Per the agreement, the prices for carbon black “were to remain firm.” In addition, Continental had a right to review and meet any better offers that BRC received. In 2010, Continental began shipping carbon black to BRC and continued to do so regularly over the next year. In March 2011, demand for carbon black began to exceed Continental’s ability to produce it. BRC placed another order for carbon black, but Continental was unable to fulfill it. As a result, BRC had to purchase carbon black from another supplier at a higher price than that set forth in its agreement with Continental. Two days later, Continental offered to ship carbon black to BRC at a price increase up to $.06 per pound. BRC sought confirmation twice as to when Continental would fulfill their outstanding order for carbon black. Both times Continental replied that they would “do the best [they] can.” The third time BRC reached out, Continental informed them that it would ship one railcar of carbon black the following day. Within a week, Continental emailed BRC seeking to increase prices again. BRC sued Continental to recover costs it incurred in purchasing carbon black from another supplier.
- 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.