SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Nanakuli Paving & Rock Co. v. Shell Oil Co.
Citation:
664 F.2d 772 (1981)Facts
Nanakuli and Shell had a symbiotic business relationship on the island of Oahu since the early 1960s. Shell invested in asphalt terminals in Hawaii largely based on Nanakuli’s commitment to purchase asphalt exclusively from Shell. Their 1969 contract specified the price as “Shell’s posted price at time of delivery.” In the asphaltic paving industry in Hawaii, all suppliers routinely practiced price protection, holding old prices for contractors on work already bid at those prices, since government agencies would not accept escalation clauses in paving contracts. On the two occasions when Shell raised prices in 1970 and 1971, it price protected Nanakuli by extending the old price for several months. In 1974, following the oil embargo and a change in Shell’s management, Shell raised prices from $44 to $76 per ton with no advance notice and refused to price protect Nanakuli, causing substantial losses on projects already bid. The new Shell management made this decision without investigating past practices or understanding the unique relationship with Nanakuli.
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.