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Contracts Keyed to Kuney
Lloyd v. Murphy
Citation:25 Cal.2d 48, 153 P.2d 47 (1944).
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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.
- 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 owned property on one of the main traffic arteries in Los Angeles County at the corner of Almont Drive and Wilshire Boulevard in Beverly Hills. On August 4, 1941, defendant leased the property from plaintiff “for the sole purpose of conducting thereon the business of displaying and selling new automobiles . . .” except “to make an occasional sale of a used automobile.” Defendant also agreed not to sublease the premises without plaintiff’s written consent. On January 1, 1942, the federal government ordered the sale of new cars to cease. The order was modified on January 8 to permit sales to individuals engaged in military activities and again on January 20 to establish a priority system for such sales.
On March 10, 1942, defendant explained these restrictions to plaintiff and plaintiff waived the restrictions on the use of the leased premises and subleasing. It also offered to reduce the rent. Nonetheless, defendant vacated the premises on March 15, giving notice that it was repudiating the lease.
- 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.