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Contracts Keyed to Ayres
Owen v. CNA Insurance/Continental Casualty Company
Citation:
167 N.J. 450.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. Review the Facts of this case here:
In September of 1983, the plaintiff signed a release. In connection with that release the plaintiff entered into a settlement agreement with the defendant. Under the agreement, the plaintiff was entitled to an initial lump sum and five deferred periodic payments. The non-assignment provision of the agreement stated that “The claimant shall have the right to change the Contingent payee at any time during the term of this Agreement by filing written notice with the company… To the extent provided by law, the aforesaid lump sim payments shall not be subject to assignment, transfer, commutation or encumbrance.” The plaintiff entered into a “Purchase and Sale Agreement: with Metropolitan Mortgage and Securities Company where she agreed to “sell, convey transfer and assign” all her rights and benefits under the Settlement Agreement to Metropolitan. At the time, the plaintiff had two remaining payments. The plaintiff sent the defendant a notarized letter directing all future payments to a new address in Syracuse, New York. The defendant told the plaintiff’s lawyer that the defendant could only make payments to the plaintiff and that the payments were not assignable by the plaintiff.
- 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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