SmartBrief
Confirm favorite deletion?
Consumer Law Keyed to Pridgen, 5th Ed.
Gasque v. Mooers Motor Car Co., Inc.
Citation:
313 S.E.2d 384, 227 Va. 154 (1984)Facts
Patricia and Earl Gasque purchased a new 1979 Fiat station wagon from Mooers Motor Car Co. on February 21, 1979. After delivery, they discovered numerous defects including water leaks, gearshift problems, heater malfunction, inoperative clock and interior light, difficulty with doors, excessive oil consumption, vibrations, and various noises. The buyers returned the car to Mooers for service on March 13, March 23, an unspecified date in May, June 22, June 27, July 20, and August 6, 1979. Mooers repaired the complained-of items without charge, though some problems persisted, particularly with the gearshift extension which affected three out of seventy similar models sold. On September 19, 1979, after the car had been driven 5,400 miles, the buyers’ attorney demanded a full refund or replacement. The buyers continued driving the Fiat until it reached over 8,000 miles, purchased a used Volkswagen in November 1979, and then parked the Fiat in their driveway.
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.