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Contracts Keyed to Summers
Eisenberg v. Hall
Citation:147 A.D.3d 602, 48 N.Y.S. 3d 71
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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:
Jerome Eisenberg (plaintiff), a buyer and seller of antiquities, purchased a marble bust and a bronze statute from Maurice Hall, Jr. (defendant), an art dealer chiefly in sixteenth to nineteenth century European art. Hall was also an amateur collector in antiquities, a fact of which Eisenberg was aware. Both Eisenberg and Hall believed the bust and statute to be ancient. Eisenberg later sold the bust to a classical art museum, who informed Eisenberg that the bust was actually a fake. It was also determined that the bronze statute was actually from the nineteenth or twentieth century, and consequently, was not an ancient artifact. Eisenberg sued Hall for breach of contract, arguing that the mutual mistake of the parties was a ground for rescission of the contract.
- 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.