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Contracts Keyed to Dawson
Muldoon v. Lynch
Citation:66 Cal. 536, 6 P. 417.
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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:
Defendant contracted with plaintiffs to complete certain improvements on the cemetery lot of her late husband. The improvements included a monument procured from Italy. The total cost was $18,788 paid in four installments of $1,725 with balance of $11,887 due once the monument was installed. The contract included a clause stating that work would be completed within 12 months from the date of execution “under forfeiture of ten dollars per day for each and every day beyond the stated time of completion.” Unfortunately, the monument was extremely heavy and sat at a port in Italy for 2 years before it could be transported to San Francisco via ship. Upon reaching San Francisco the monument was immediately installed. Defendant refused to pay the remaining balance on the contract in full due to the delay.
- 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.