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Contracts Keyed to Fuller
Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co.
Citation:Supreme Court of California, 1968. 69 Cal. 2d 33, 69 Cal.Rptr. 561, 442 P.2d 641.
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:
Pacific Gas & Electric Company (Plaintiff) hired G.W. Thomas Drayage & Rigging Co. (Defendant) to provide labor and equipment to remove and replace the upper cover for PG&E’s steam turbine. Defendant agreed to perform the work at its own risk and expense and to indemnify PG&E for any “loss, damage, expense and liability resulting from injury to property” or any other act associated with performance of the contract. During performance, defendant damaged part of plaintiff’s steam turbine.
- 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.