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Contracts Keyed to Ayres
Textile Unlimited, Inc. v. A..BMH and Company, Inc.
Citation:240 F.3d 781.
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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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- 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 Plaintiff (Textile Unlimited) and the Defendant (A..BMH) had dealt several times with the Plaintiff as the buyer of goods from the Defendant. Each transaction would begin with an order from Plaintiff, followed by an invoice, a shipment, and an order acknowledgment. Both the invoice and the acknowledgment contained terms on the back of the invoice that provided the Terms of Sale, which included a mandatory arbitration clause for all disputes. The Terms of Sale also stated that acceptance of the delivery of the yarn constituted acceptance of the Terms of Sale, and that notice of non-acceptance was required within 24 hours. The Plaintiff never objected to the Terms. Plaintiff later refused to pay for a shipment it argued was defective. The Defendant began processes for arbitration under the Terms of Sale. The Plaintiff objected to being bound by the Terms of Sale, and filed suit in court to enjoin the arbitration process.
- 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.