SmartBrief
0
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
Lake River Corp. v. Carborundum Co.
Citation:
769 F.2d 1284 (1985)Facts
Lake River Corporation and Carborundum Company entered into a distribution contract in 1979 whereby Lake River would receive Ferro Carbo in bulk, bag it using a new specialized bagging system costing $89,000, and ship it to Carborundum’s midwestern customers. The contract included a minimum-guarantee clause requiring Carborundum to ship 22,500 tons over three years or pay the difference at prevailing rates. When the domestic steel industry declined, Carborundum shipped only 12,000 tons by the contract’s end in 1982. Lake River demanded $241,000 under the formula and impounded 500 tons of bagged Ferro Carbo worth $269,000. Carborundum refused payment, claiming the clause was a penalty, and incurred $31,000 in additional costs trucking replacement product from the East.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.