SmartBrief
Confirm favorite deletion?
Remedies Keyed to Kovacic-Fleischer, 8th
Lewis River Golf, Inc. v. O.M. Scott & Sons
Citation:
120 Wash. 2d 712, 845 P.2d 987 (1993)Facts
Lewis River Golf, Inc. operated a sod farming business on 275 acres. It purchased seed from O.M. Scott & Sons under an express warranty. The sod grown from the seed contained weeds, breaching the warranty. As a result, plaintiff lost most of its commercial customers and was sued by two dissatisfied buyers. Defendant’s proposed remedies failed to resolve the weed problem. Plaintiff was forced to cut production from 275 acres to only 45 acres and destroyed all turf raised from defendant’s seed. The damage to plaintiff’s business reputation was substantial. Facing an estimated $1 million cost to correct the bad sod, plaintiff ultimately sold its sod business. Plaintiff claimed the sale price was significantly reduced due to the damaged reputation and goodwill of the business caused by selling defective sod products resulting from defendant’s breach of warranty.
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.