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Contracts Keyed to Burton
Nelson v. Elway
Citation:908 P.2d 102
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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:
Nelson (plaintiff) owned two car dealerships, Metro Auto and Metro Toyota. Pico, acting on behalf of Nelson, negotiated with Elway and Buscher (defendants) regarding the sale of the Metro Toyota dealership. Elway and Buscher signed a “Buy-Sell Agreement” for the purchase of Metro Toyota. After signing the Buy-Sell Agreement, Pico asked Nelson if he would be willing to sell both Metro Auto and Metro Toyota to Elway and Buscher. It became apparent during negotiations that Elway and Buscher would be unwilling or unable to pay the purchase price for both dealerships. So, Pico proposed a “Service Agreement,” under which Nelson would sell both Metro Auto and Metro Toyota to Elway and Buscher at a greatly reduced price. The parties orally agreed to the Service Agreement, but never reduced it to writing. The written Buy-Sell Agreement did not incorporate the terms of the oral Service Agreement. The Buy-Sell Agreement did, however, contain a merger clause stating that it constituted the final agreement. Elway and Buscher later refused to enter into the Service Agreement, which was not executed at the closing. Nelson sued Elway and Buscher.
- 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.