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Contracts Keyed to Kuney
Palmer v. Dehn
Citation:29 Tenn. App. 597, 198 S.W.2d 827 (1946).
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- 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:
Dehn was a traveling representative for a bus company and a skilled mechanic. Palmer had purchased a bus from the company. Dehn learned that Palmer was having mechanical problems with his bus and went to look at the bus. Upon inspection, Dehn noted that a belt was too loose. Palmer’s driver took the bus and had the belt tightened. After the driver returned, the three men talked and Dehn attempted to show Palmer how tight the belt should be when the driver started the bus cutting off two of Dehn’s fingers. Dehn believed that the driver was with him and Palmer and so he did not flip the safety switch as a precaution.
Palmer immediately took Dehn to the hospital. On the way, Palmer told Dehn not to worry and that Dehn would be compensated for the loss of his fingers and other expenses. Palmer made the same assurance again at a later time.
- 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.