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Contracts Keyed to Burton
Toker v. Westerman
Citation:
113 N.J. Super. 452, 274 A.2d 78Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Toker (plaintiff) sold Westerman (defendant) a refrigerator-freezer for a total purchase price of $1,229.76, which was to be paid in monthly installments of $34.16 each. Westerman made monthly payments but later refused to pay the remaining balance of $573.89. Toker sued to recover the remaining balance on the refrigerator-freezer. Westerman claimed that the refrigerator-freezer was so over-priced as to make the sales contract unenforceable due to unconscionability. At trial, Westerman presented an appliance dealer who had investigated the refrigerator-freezer. The dealer testified that a reasonable retail price for the refrigerator-freezer was between $350 and $400, and the most comparable unit at that time sold for $500.
- 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.
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