SmartBrief
Confirm favorite deletion?
Contracts Keyed to Ayres
Pennsy Supply, Inc. v. American Ash Recycling Corp.
Citation:
895 A. 2d 595.ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff was a subcontractor on a construction project. The contract required the plaintiff to use certain materials but permitted the use of an alternate material which was supplied at no cost by the defendant. The defendant was not a party to the contract, but the contract stated that the subcontractors could get material from the defendant on a first come, first served basis at no cost. The plaintiff contacted the defendant for the material. However, while doing the the paving, the material developed extensive cracking. The plaintiff remedied the cracking at a cost of $251,940 and spent $133,777 to dispose of the material, which was hazardous waste. The plaintiff sued for breach of contract.
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.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.
Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel