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Contracts Keyed to Summers
Neri v. Retail Marine Corp.
Citation:
30 N.Y.S2d 393, 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 to purchase a new boat from Retail Marine Corporation (“Retail”) (defendant) for $12,587.40. Neri initially made a deposit of $40, but later increased the deposit to $4,250 after Retail arranged for immediate delivery of the boat. Six days later, Neri’s lawyer sent Retail a letter rescinding the sales contract. The letter mentioned that Neri was about to undergo hospitalization and surgery, which would prevent him from making further payments on the boat. The boat had already been ordered and was delivered to Neri around the time Retail received the letter. Retail declined to refund Neri’s deposit. Neri sued Retail for breach of contract. At trial, Retail alleged that it lost a $2,579 profit on the sale and also incurred incidental expenses amounting to $674 for storage, upkeep, finance charges, and insurance on the boat. The trial court awarded Retail only $500 in damages and Neri $3,750 in damages.
- 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.
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