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Contracts Keyed to Frier
Monarch Marking System Co. v. Reed’s Photo Mart, Inc.
Citation:485 S.W.2d 905 (1972)
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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:
Defendant’s representative prepared a purchase order for labels from Plaintiff. The purchase order listed the desired quantity of four different types of labels as “2M” and the quantity of a fifth type of label as “4MM.” Plaintiff printed and shipped 4 million of the fifth type of label to Defendant. Defendant refused the shipment, arguing that it had meant to purchase 4,000 labels. Plaintiff sued Defendant for the price of the 4 million labels. The jury found that the term “MM” meant 1 million by custom and usage in the trade and refused to find that Plaintiff knew that the order for “4MM” labels was a mistake. Based on the jury verdict, the trial court awarded Plaintiff the cost of the 4 million labels. Defendant appealed, and the court of civil appeals reversed, finding that the trial judge erred in failing to submit the issue to the jury of whether Plaintiff should have known that Defendant had made a mistake in the purchase order. Plaintiff appealed.
- 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.