SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Templin
Cohn v. Fisher
Citation:
118 N.J. Super. 286Facts
On Sunday, Donal Fisher (defendant) contacted Albert Cohn (plaintiff) about buying the boat the plaintiff had advertised in the New York Times. After inspecting the boat, the defendant orally offered $4,650 and the plaintiff accepted. On Monday, the defendant gave the plaintiff a check for $2,325 as a deposit and the parties agreed to meet on Saturday for a final payment. A few days later, the defendant contacted the plaintiff stating he could not close the deal on Saturday because a survey of the boat could not be performed by that time. The plaintiff demanded they complete the transaction on Saturday as agreed, but the defendant refused and stopped payment on the deposit check. The plaintiff re-advertised the boat and sold it for $3,000. He then sued the defendant for breach of contract, seeking damages for the price difference and the costs incurred to resell. In defense, the defendant argued that there was no breach of contract because the sale was contingent on a survey inspection of the boat, although he admitted that the parties never discussed this as a condition of sale. The plaintiff moved for summary judgment.
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.
Topic Resources
15m 32s
Topic Refresher Course 