SmartBrief
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
Cahalane v. Skydive Cape Cod, Inc.
Citation:
33 Mass. L. Rptr. 474 (2016)Facts
On July 25, 2012, Tricia Cahalane visited Chatham Municipal Airport to participate in a tandem skydive organized by Skydive Cape Cod. Before the activity, she signed multiple liability waivers releasing all defendants from liability for injuries, even those caused by negligence. The waivers explicitly stated she assumed the risk of serious injury or death and agreed never to sue. She was offered an opportunity to purchase a release from the waivers for seven hundred fifty dollars but declined. During the skydive, her instructor Marcus Silva performed a hook turn maneuver during landing. Cahalane was instructed to lift her legs into a seated position but claims a gust of wind sent her legs downward. She landed with her legs straight beneath her and fractured both femurs, sustaining serious injuries.
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.