SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Whaley
Hibschman Pontiac, Inc. v. Batchelor
Citation:
Supreme Court of Indiana, 1977. 266 Ind. 310, 362 N.E.2d 845.Facts
Batchelor (Plaintiff) purchased a defective vehicle from Hibschman Pontiac, Inc. (Defendant). Prior to purchasing said vehicle, plaintiff had inquired of the defendant’s salesman, service manager and vice president as to the quality of defendant’s service department. Plaintiff was assured that the services department was above average, and the vice president stated he would personally oversee any issues that arose with the vehicle. Upon picking up his new car, plaintiff noticed several problems. Plaintiff made a list of complaints and brought the car in for repair. Defendant repeatedly informed plaintiff that all defects had been repaired, when they had not been. Defendant accused plaintiff of being a “habitual complainer who they could not satisfy” and asked him not to come back because he was a “bad customer.”
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.
Topic Resources
Topic Videos 
9m 25s
11m 27sTopic Outline 
