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Contracts Keyed to Burton
Cosden Oil & Chemical Co. v. Karl O. Helm Aktiengesellschaft
Citation:
736 F.2d 1064Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
After Karl O. Helm Aktiengesellschaft (hereinafter “Helm”) (defendant-buyer) anticipated a tightening in the world petrochemical supply, it decided to purchase a large amount of polystyrene (a petroleum derivative used to make molded products). Helm negotiated with Cosden Oil & Chemical Company (hereinafter “Cosden”) (plaintiff-seller) for the sale of four orders of polystyrene. Cosden sent Helm part of the first shipment of polystyrene, but Cosden experienced problems at its production facilities. Cosden informed Helm that the next shipment of polystyrene would be delayed. Helm refused to pay for the delivered polystyrene and Cosden cancelled the parties’ contract. Cosden sued Helm to collect payment for the polystyrene that had been delivered.
- 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.