SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Ayres
Forrest D. Ferguson v. Phoenix Assurance Company of New York
Citation:
189 Kan. 459.Facts
The plaintiff’s insured place of business was broken into by forcing the front door open. As a result of the burglary there was $70 worth of damage. $32.59 of narcotics was stolen and $433.56 was taken from the safe. The defendant wanted to reimburse the plaintiff for $152.59, which did not include $383.76 taken from the safe. The safe had two doors and both were locked. The inner door showed marks of force and violence, showing the use of tools. The insurance policy had limited liability for safe burglary up to $50.00. The policy also had an exclusion clause that the policy did not apply to any fraudulent or dishonest acts by the insured, but this exclusion does not apply to safe burglary or robbery by other people than the insured. The exclusion was amended to include conditions, which required there to be visible marks on the exterior of the doors of the vault for the insured to recover for safe burglary.
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.
6m 19s
