SmartBrief
Confirm favorite deletion?
Sales Keyed to Whaley
BRC Rubber & Plastics, Inc. v. Continental Carbon Co.
Citation:
981 F.3d 618 (2020)Facts
BRC Rubber & Plastics manufactured rubber and plastic products for the automotive industry and required carbon black as a critical component. In late 2009, BRC and Continental signed a five-year contract running from January 2010 to December 2014, under which Continental agreed to supply approximately 1.8 million pounds of carbon black annually at fixed baseline prices with feedstock adjustments. In April 2011, during a tight carbon black market, Continental’s vice president Thomas Moccia instructed sales representative Thomas Nunley to impose a two-cent per pound price increase on BRC, despite the existing contract. Nunley protested this violated the contract, but Moccia ordered him to proceed, believing BRC could not obtain carbon black elsewhere. Continental threatened to withhold shipments unless BRC accepted the increase, fired Nunley when he objected, and missed scheduled shipments. On May 16, 2011, BRC formally invoked UCC § 2-609, demanding adequate assurance of performance. Continental’s responses were contradictory—while its lawyer assured compliance on May 20, company representatives simultaneously continued demanding the price increase and hedging on future performance. On June 2, 2011, BRC terminated the contract and purchased carbon black from alternative suppliers at higher prices through 2014.
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.