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Business Associations Keyed to Bainbridge
Duray Development, LLC v. Perrin
Citation:792 N.W.2d 749 (2010)
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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:
On September, 2004, Duray Development entered into a contract with Perrin and Perrin Excavating for excavating the property. On October, 2004, Duray Development and Perrin entered into a new contract, intended to supersede the September contract. The new contract contained the same language but it was between Duray Development and Outlaw Excavating, LLC, and Perrin and Perrin Excavating were not parties. Outlaw was an excavation company that Perrin had recently formed. Two contracts were drafted because Perrin had not yet formed Outlaw at the time of the first contract. However, Duray Development did not want to wait and entered into the first contract. Defendants began excavation but did not perform satisfactorily. Duray Development then sued defendants for breach of contract. Duray Development found that Outlaw did not obtain a status as a limited liability company.
- 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.