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Contracts Keyed to Kuney
Keen v. Modern Trailer Sales, Inc.
Citation:
40 Colo. App. 527, 578 P.2d 668 (1978).Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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.
- 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:
On April 20, 1974, plaintiffs went to defendant’s sales lot and spoke with a salesman. Plaintiffs informed the salesman that they sought to purchase a three bedroom home, 14 feet wide and 70 feet long, for under $9,500. Plaintiffs were shown several homes and, unknown to them, some of which were smaller than the requested size. The plaintiffs returned the next day to make a final selection and were assured that the selected model was 14 feet x 70 feet. On the written contract, the length of the home was omitted and the salesman knew the home did not meet plaintiffs’ requirements. Within a month after delivery, the home drifted off its footings and, after defendant refused to assist in correcting the issue, plaintiffs hired a third-party. At that time, plaintiffs learned the home was only 64 feet long.
- 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.