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Contracts Keyed to Kuney
Suminski v. Maine Appliance Warehouse, Inc.
Citation:602 A.2d 1173 (1992).
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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:
In May 1988, Suminski purchased a brand new television from Maine Appliance. In June 1989, the television began shutting off on its own. Suminski called Maine Appliance and was told the set was out of warranty and given the name of a repairperson. That repairperson, however, suggested that Suminski find someone else to repair the television. Two months later the television would no longer turn on. Suminski again called Maine Appliance and was told the television was out of warranty. The next afternoon Suminski spoke with a sales manager who told him the store’s only obligation was to provide the name of a repairperson and Suminski would be charged for any work Maine Appliance performed. Thereafter, Suminski contacted his attorney. The attorney called the store manager who stated that store had no obligation to repair the television, that Suminski was being treated the same as any other Maine Appliance customer, and that he had never heard of the implied warranty of merchantability.
- 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.