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Contracts Keyed to Epstein
Raffles v. Wichelhaus
Citation:2 H. & C. 906, 159 Eng. Rep. 375 (1864)
ProfessorMelissa A. Hale
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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:
Plaintiff and defendants agreed that the plaintiff should sell to the defendants, and the defendants buy of the plaintiff certain goods, 125 bales of Surat cotton, guaranteed middling fair merchant’s Dhollarah, to arrive tex “Peerless” from Bombay; and that the cotton should be taken from the quay, and that the defendants would pay the plaintiff for the same at the rate of 17 1/4 per pound within a certain time then agreed upon after the arrival of said goods in England. The said goods did arrive by the said ship from Bombay in England and the plaintiff was ready and willing and offered to deliver the said goods to defendants. Defendants, however, refused to accept the said goods or pay for them, because the said ship mentioned in the agreement was meant and intended by the defendants to be the ship called the “Peerless” which sailed from Bombay in October, but the ship from which the plaintiff offered to deliver the said goods arrived by another and different ship, also called the “Peerless.”
- 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.