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Contracts Keyed to Kunz
Laclede Gas Co. v. Amoco Oil Co.
Citation:
522 F.2d 33 (1975)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:
Plaintiff and Defendant entered into a written agreement with the purpose of providing central propane gas distribution systems to various residential developments in Jefferson County, Missouri. The agreement stated that if Plaintiff determined such a system was appropriate in any given development, Plaintiff could request Defendant to supply the propane to that specific development. Plaintiff made this request in the form of a supplemental form letter, providing that if Defendant decided to supply the propose, it bound itself to do so by signing the supplemental form. Defendant signed the supplemental form, thereby placing certain duties on Plaintiff and Defendant. There was also a paragraph giving Plaintiff the right to cancel the agreement, which stated:
“This Agreement shall remain in effect for one (1) year following the first delivery of bas by [Defendant] to [Plaintiff] hereunder. Subject to termination as provided in Paragraph 11 hereof (dealing with conversions to natural gas), this Agreement shall automatically continue in effect for additional periods of one (1) year each unless [Plaintiff] shall, not less than 30 days prior to the expiration of the initial one (1) year period or any subsequent one (1) year period, give [Defendant] written notice of termination.”
There was no provision giving the right to cancel the agreement to Defendant. After some issues on the part of Defendant, Defendant sent a letter to Plaintiff that they were “terminating” the agreement claiming they had the right to do so because the agreement lacks mutuality.
- 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.
- 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.
12m 10s
