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Contracts Keyed to Barnett
Kemble v. Farren
Citation:Court of Common Please, 6 Bing. 141, 130 Eng. Rep. 1234 
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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.
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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:
Actor and Manager entered into a contract. Actor agreed to act as the principal comedian at the Covent Garden Theatre for four seasons beginning in October 1828 for 3 pounds, 6 shillings, and 8 pence per show. The agreement contained a liquidated damages clause that stated that if either party neglected or refused to fulfill the agreement (or any part of it) that party had to pay 1000 pounds to the other party. The contract disclaimed that it was a penalty. Actor refused to act during the second season; the jury assessed damages at 750 pounds; Manager appealed the award contending that 1000 pounds was owed in damages.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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