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Contracts Keyed to Summers
Hochster v. De La Tour
Citation:2 Ellis & Bl. 678, 118 Eng.Rep. 922
ProfessorMelissa A. Hale
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- 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:
In April 1852, De La Tour (defendant) engaged Hochster (plaintiff), a courier, to accompany him on a three-month tour that was to begin on June 1st in exchange for a monthly salary during his service. On May 11, 1852, De La Tour wrote to Hochster that he had changed his mind and no longer needed his services. De La Tour refused to pay any compensation to Hochster. On May 22, 1852, Hochster sued De La Tour for breach of contract. De La Tour asserted that there could not be a breach before performance was due to begin on June 1st.
- 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.