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Contracts Keyed to Whaley
Sunflower Electric Cooperative, Inc. v. Tomlinson Oil Co.
Citation:Kansas Court of Appeals, 1981. 7 Kan. App. 2d 131, 638 P.2d 963.
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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:
Sunflower Electric Cooperative, Inc. (Plaintiff) entered into a contract with Tomlinson Oil Company, Inc. (Defendant) for the sale and purchase of natural gas. Defendant is a corporation involved in oil and gas production. It owned numerous gas leases, and promised to supply plaintiff with a minimum of 3 million cubic feet of natural gas per day from a particular gas field. Shortly after the execution of the contract, defendant was unable to deliver the minimum quantity of gas to plaintiff because the gas reserves of the field were greatly overestimated. Plaintiff purchased the remaining difference in the minimum quantity of gas from another supplier at a higher cost.
- 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.