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Contracts Keyed to Calamari
Pennsy Supply, Inc. v. American Ash Recycling Corp.
Citation:Superior Court of Pennsylvania, 2006. 895 A.2d 595.
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:
Plaintiff is a subcontractor that was taken with paving a driveway and parking lot. In acquiring the materials to do so, it contracted with the defendant for AggRite to be used in the construction. AggRite is a hazardous material that imposes substantial costs for disposal according to federal law. The defendant was giving the AggRite away in order to avoid these costs, and represented its suitability for use in asphalt. The paving was sub-standard, and the plaintiff was forced to complete remedial work free of charge. The plaintiff brought suit agains the defendant under a theory that there was a contract. Defendant denied there was a contract on the grounds that there was not consideration. The trial court agreed, and the plaintiff appeals in this action.
- 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.