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Torts Keyed to Prosser
Griffith v. Byers Constr. Co. of Kansas, Inc.
Citation:212 Kan. 65, 510 P.2d 198
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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:
Griffith (plaintiff) purchased a home developed by Byers Construction Company of Kansas, Inc. (“Byers”) (defendant). The home was originally part of an abandoned oil field, which caused the land surrounding the home to have terrible soil fertility. The Griffiths were unaware of this fact when they purchased the home. The Griffiths planted grass, shrubs, and trees around their home, which died due to the saline content of the soil. They sued Byers for fraudulent concealment of the home’s soil fertility.
- 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.