SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Dawson
MindGames, Inc. v. Western Publishing Co.
Citation:
218 F.3d 652.Facts
MindGames is the creator and manufacturer of an adult board game, “Clever Endeavor.” Western is a major marketer of games. MindGames sold 30,000 copies of “Clever Endeavor” in the fall and winter of 1989. In March 1990, MindGames licensed
“Clever Endeavor” to Western. The agreement was in effect until January 1993, with the option to extend the agreement for another year if Western paid MindGames $1.5 million, plus another $300,000 for any subsequent years. Pursuant to the agreement, Western was required to pay MindGames a 15% royalty on all games sold. In the first year, Western paid MindGames $600,000 in royalties before sales fell off. The contract continued until January 1994, despite the fact Western did not pay the additional $900,000 ($1.5 million minus $600,000) required. MindGames then sued Western for breach of contract, requesting damages for the remainder of the contract renewal fee, $900,000; lost royalties,$40 million; plus another $300,000 on the theory that the contract had been renewed for a third year.
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.
Topic Resources
Topic Videos 
6m 46s
11m 30s
10m 12s
