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Contracts Keyed to Summers
DePrince v. Starboard Cruise Services
Citation:163 So.3d 586
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- 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:
During a cruise, Thomas DePrince (plaintiff) visited an onboard jewelry shop owned by Starboard Cruise Services, Inc. (“Starboard”) (defendant). DePrince expressed interest in a twenty-carat diamond with a purchase price of $235,000. DePrince spoke with two gemologists, who told him that the sale price was too good to be true and that the price for a diamond of that size should be at least $2 million. DePrince placed a mail purchase order for the diamond and paid the purchase price. A one-page sales agreement was prepared and signed by store’s sales manager. The parties agreed to have the diamond shipped to the Gemological Institute of America laboratory so that a gemologist could verify that the diamond shipped was the same as the one specified in the sales agreement. Following the sale, Starboard learned that the sales manager had quoted DePrince the wrong figure. The actual price for the diamond was $4,850,400. DePrince demanded that the sale still be completed according to the terms in the sales agreement. Starboard, however, repudiated the agreement. DePrince sued Starboard.
- 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.