SmartBrief
Confirm favorite deletion?
Secured Transactions Keyed to Whaley
Reeves v. Foutz & Tanner, Inc.
Citation:
617 P.2d 149 (1980)Facts
Plaintiffs Lydia Reeves and Grace Begay were uneducated Navajo Indians with limited understanding of English and commercial transactions. Each plaintiff pawned Indian jewelry with defendant Foutz and Tanner, Inc., receiving money loans in exchange for promises to repay within thirty days with interest. The jewelry left as collateral was worth several times the amount borrowed. Both plaintiffs defaulted on their loans. Defendant sent each plaintiff a notice of intent to retain the collateral pursuant to UCC Section 9-505, though Reeves claimed she never received notice. Neither plaintiff objected to the retention within the thirty-day period. Defendant then moved the jewelry into its sale inventory and sold it in the regular course of business to Joe Tanner, the president of defendant corporation, or to Joe Tanner, Inc., a related corporation engaged in selling Indian jewelry. Defendant did not account to plaintiffs for any surplus from these sales.
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
5m 56sTopic Outline 