SmartBrief
Confirm favorite deletion?
Commercial Law Keyed to Zierdt, 1st Ed.
Evra Corp. v. Swiss Bank Corp.
Citation:
673 F.2d 951, cert. denied, 459 U.S. 1017 (1982)Facts
Evra Corporation (formerly Hyman-Michaels) had chartered a ship called Pandora at a favorable rate of $1,325 per day. To maintain this charter, Evra needed to make timely payments. Evra instructed its bank, Continental Illinois National Bank, to wire $27,000 to the ship owner’s account in Switzerland via Swiss Bank. Continental sent a telex to Swiss Bank with the transfer instructions, but Swiss Bank’s telex machine ran out of paper and the message was not received or processed. When the payment was not received on time, the ship owner canceled the charter. Evra was forced to obtain shipping at the then-current market rate, which had increased to approximately $3,200 per day, resulting in claimed damages of over $2.1 million.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.