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Contracts Keyed to Ayres
J.W. Southworth v. Joseph Oliver
Citation:284 Or. 361.
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- 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:
The Plaintiff (Southworth) and Defendant (Oliver) were neighbors, and the Defendant had previously inquired whether the Plaintiff had any interest in purchasing the land. The Plaintiff expressed interest, and both parties negotiated, but the Defendant had not determined a couple key terms including price and the attachment of some permits. The Plaintiff later telephone the Defendant to ask about the uncertainty, renew his interest, and notify him that he had the money. The Defendant then sent a letter expressing information about the land, including a definite price, as well as payment terms. The Defendant also sent this letter to other people interested in purchasing the payment. The Plaintiff immediately responded to the letter accepting the terms to purchase the land. The Defendant wrote back that the letter was not intended as an offer, after which the Plaintiff sued.
- 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.