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Contracts Keyed to Burton
Neri v. Retail Marine Corp.
Citation:30 N.Y.2d 393, 334 N.Y.S.2d 165, 285 N.E.2d 311
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 (plaintiff) contracted with Retail Marine Corporation (hereinafter “Retail Marine”) (defendant) to purchase a new boat for $12,587.40. Neri made an initial deposit of $40 for the boat, but later increased the deposit to $4,250. Neri’s lawyer later sent a letter to Retail Marine rescinding the sales contract because Neri had to undergo surgery and would be unable to make additional payments. The boat was delivered at or around the same time Retail Marine received the letter. Retail Marine sold the boat some four months later to another buyer for the same price that it had negotiated with Neri. Retail Marine declined to refund Neri’s deposit. Neri sued Retail Marine to recover the $4,250.
- 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.