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Contracts Keyed to Templin
Hawa v. Moore
Citation:947 N.E.2d 421 (2011)
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*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. Review the Facts of this case here:
Mike Hawa (plaintiff) entered into an agreement with contractor Gerald Moore (defendant) to install a new parking lot at his storage facility. The parties agreed that the base of the parking lot would be made of recycled concrete, with an initial payment of $5,000 due immediately, the same due after after half the work was done, and the remaining balance due after seventy-five percent of the work was done. However, the plaintiff at first refused to make the second payment after not being happy with the recycled concrete that was delivered, and then later told the defendant that he would not make the payment until 80 percent of the project was complete. The plaintiff then told the defendant that the bank needed to inspect the work before advancing the funds for the next payment. Specifically he said they needed to see the power rake blender. The defendant stated he was available to meet at any time and moved the machine to the plaintiff’s property. After five days without meeting, the defendant left the job site. The plaintiff sued the defendant for breach of contract and the defendant counterclaimed demanding payment.
- 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.