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Contracts Keyed to Burton
Houston Dairy, Inc. v. John Hancock Mutual Life Insurance Co.
Citation:643 F.2d 1185 (5th Cir. 1981)
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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.
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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:
On December 30, 1977, the defendant mailed a commitment letter to the plaintiff agreeing to lend the plaintiff $800,000 provided that, within 7 days, the plaintiff would return the letter with written acceptance and a $16,000 check for a “good faith deposit,” which would act as the appropriate measure of damages should the plaintiff default on the loan. The letter was not executed by the plaintiff’s president until 18 days later, when the $16,000 check was mailed. The check was then sent for deposit and to the loan-closing attorney. About a week later, the plaintiff was able to acquire a loan at a lower interest rate elsewhere and requested a return of the deposit.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.