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Contracts Keyed to Ayres
Samuel Thomas v. Eleanor Thomas
Citation:2 Q.B. 851.
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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.
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- 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:
John Thomas had intended to provide for his wife Eleanor (the Plaintiff) more than his will had done so. The Defendant (Samuel Thomas, John’s brother) had heard his wishes, and together with the other executors, signed a contract with Eleanor. The contract provided, as per John’s wishes, that the Plaintiff be given their house for residence or £100 out of John’s estate. The agreement also required that the Plaintiff pays a sum of £1 yearly to the executors and promise to keep the dwelling in good repair. After a while, the Defendant evicted her from the house, and the Plaintiff sued.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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