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Contracts Keyed to Kunz
Egan Machinery Co. v. Mobil Chemical Co.
Citation:660 F. Supp. 35 (D. Conn. 1986).
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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:
Defendant submitted bids for the purchase of plaintiff’s precoater machine. Plaintiff then sent defendant “quotations” which described the dimensions and specifics of the machine to be sold as well as the price. Defendant then submitted a purchase order which included a provision which expressly limited acceptance to the terms listed therein. In response, plaintiff submitted an order acknowledgement which stated that the order was accepted on the conditions of plaintiff’s Standard Conditions of Sale which included an indemnity provision. Defendant’s employee was injured in the course of using the machine and therefore plaintiff’s insurer paid $75,000. Plaintiff objects to this payout on the basis of the indemnity provision which they allege was a part of the contract. Defendant claims it was not a part of the contract and therefore moves for summary judgement.
- 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.