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Torts keyed to Robertson
Gorris v. Scott
Citation:Court of Exchequer, 1874. 9 Ex. 125.
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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.
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- 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:
Plaintiff-Gorris hired Defendant-Scott, a shipowner, to carry a number of his sheep. During transport, the sheep were swept overboard and lost. This allegedly happened due to the Defendant’s failure to comply with the Contagious Diseases (Animals) Act. The Act was passed for sanitary purposes, in order to prevent animals suffering from infectious disease from interacting with healthy ones. One of the orders under the Act was that any ship bringing sheep or cattle from any foreign port to one in Great Britain was to have the place where the animals were held divided into pens with footholds. The purpose of the order was to prevent the animals from being overcrowded which could help prevent the spread or development of infectious disease among the animals. This was the regulation that was neglected by the Defendant. Plaintiff argued that if not for the Defendant’s negligence to comply with the Act, his sheep would not have been lost.
- 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.