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Contracts Keyed to Barnett
Raffles v. Wichelhaus
Citation:Court of Exchequer, 1864, 2 H. & C. 906, 159 Eng. Rep. 375
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:
Seller agreed to sell to Buyer 125 bales of Surat cotton to be shipped on the “Peerless” from Bombay. Buyer agreed to take the cotton and to pay the Seller 17 1/4 pennies per pound within a certain time frame after the goods arrived in England. The goods arrived in England (in Liverpool) and the Seller was ready to deliver the goods to Buyer, but the Buyer refused to accept the goods or pay the Seller. Seller sued. Buyer argued that the ship that they thought the contract contemplated was the “Peerless” that sailed in October from Bombay, not the “Peerless” that sailed from Bombay in December (two different ships).
- 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.