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Contracts Keyed to Epstein
Halpert v. Rosenthal
Citation:Supreme Court of Rhode Island 107 R.I. 406, 267 A.2d 730 (1970)
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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:
The plaintiff seeks damages for the breach by the defendant vendee of a contract for the sale of real estate. The defendant filed a counter-claim in which he sought the return of his deposit.
On February 21, 1967, the parties hereto entered into a real estate agreement whereby plaintiff agreed to convey a one family house. The defendant inquired about termites, and the real estate agent for the plaintiff stated that there was no termite problem. On May 17th, 1967, a termite inspection was made of the premises, and it was discovered that the house was inhabited by termites. When the case was on trial the house had been sold to another buyer for the sum of 35k, which is 19k less than than the selling price called for in the sale price.
The plaintiff sued for specific performance or monetary damages. The defendant claimed they were induced into the contract via fraud, and filed a counterclaim for 2k to regain their initial deposit.
- 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.