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Civil Procedure Keyed to Friedenthal
International Ore & Fertilizer Corp. v. SGS Control Services, Inc.
Citation:38 F.3d 1279 (2d Cir. 1994)
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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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- 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:
Plaintiff contracted with Defendant to transport fertilizer. The cargo was contaminated aboard Defendant’s ship and Plaintiff’s purchaser refused delivery. Plaintiff sued Defendant for breach of contract and negligent misrepresentation. Plaintiff was awarded damages on the negligent misrepresentation claim. On appeal, the court held that the negligent misrepresentation claim should have been dismissed, and the breach of contract claim (which was rejected) should have been upheld.
- 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.