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Contracts Keyed to Barnett
Neri v. Retail Marine Corp.
Citation:334 N.Y.S. 2d 165, 30 N.Y.2d 393, 285 N.E.2d 311 (N.Y. 1972)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Neri contracted to purchase a specific model of a new boat from Retail Marine Corp. for $12,587.40. Neri increased its initial deposit of $40 to $4,250 when Retail Marine Corp. agreed to arrange an immediate delivery of the boat from the manufacturer instead of the specified four to six weeks’ delivery. Shortly after the contract was finalized, Neri informed Retail Marine Corp. that he would cancel the contract because he was about to undergo hospitalization and surgery that would make it impossible for Neri to pay for the boat. At that time, Retail Marine Corp. had already ordered and had the boat delivered, so it refused to refund Neri’s deposit.
The boat that Neri had ordered was sold four months later to another buyer for the same price. Neri argues that Retail Marine Corp. was able to recover its lost profits, while Retail Marine Corp. argues that but for Neri’s breach it would have been able to sell two boats instead of one.
- 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.