Confirm favorite deletion?
Contracts Keyed to Burton
Ramirez v. Autosport
Citation:88 N.J. 277, 440 A.2d 1345
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. Review the Facts of this case here:
The Ramirezes (plaintiffs) contracted with Autosport (defendant)—through salesman Donald Graff—for the sale of a new camper van and the trade-in of the van the couple currently owned. Autosport told the Ramirezes that it needed two weeks to prepare the new van. When the Ramirezes went to pick up the new van, they noticed several defects in the van, including scratched paint, missing electric and shower hookups, and no hubcaps. The Autosport salesman (who was not Graff) advised them not to accept the van. The Ramirezes contacted Graff several times, who told them each that the van was not ready. When Graff finally notified the Ramirezes that the van was ready, the Ramirezes went to Autosport. The Ramirezes waited for one and a half hours, but no one from Autosport came forward to talk with them. The Ramirezes left in disgust. Unbeknownst to the Ramirezes, Autosport transferred title to the van to them the next day. Later, the Ramirezes rejected the new van and requested the return of their trade-in. Autosport eventually sold the trade-in to another buyer. The Ramirezes sued Autosport seeking rescission of their contract.
- 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.