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Contracts Keyed to Summers
McIntosh v. Murphy
Citation:52 Haw. 29, 469 P.2d 177
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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:
George Murphy (plaintiff) owned several Chevrolet-Oldsmobile dealerships in Hawaii. Murphy interviewed Dick McIntosh (defendant) twice for the position of sales manager for one of his dealerships. The month after his interviews, McIntosh received a call informing him of possible employment within thirty days if he was still available. McIntosh indicated his continued interest. Later that month, Murphy called McIntosh to notify him that the position of assistant sales manager was open. Murphy accepted the job and began work two days later. As a result of his decision to work for Murphy, McIntosh moved 2,200 miles from Los Angeles to Honolulu. Approximately two and a half months after he stated, McIntosh was fired. McIntosh sued Murphy for breach of an alleged one-year oral employment contract. Murphy argued in return that the parties’ contract was unenforceable because oral contracts that cannot be performed within one year are unenforceable under Statute of Frauds.
- 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.