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Contracts Keyed to Barnett
Union Carbide Corp. v. Oscar Mayer Foods Corp.
Citation:947 F.2d 1333 (7th Cir. 1991)
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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:
Oscar Mayer purchased plastic casings from Union Carbide for its sausages. Another supplier reduced its price to be 1% less than Union Carbide’s prices by accepting orders outside of Chicago to avoid sales taxes there. Union Carbide did the same after receiving the tip from Oscar Mayer.
Eight years later, Illinois tax authorities assessed $88,000 in back taxes to Union Carbide and $55,000 in interest on sales to Oscar Mayer. Union Carbide then sued Oscar Mayer for that amount, pointing to an indemnity provision printed on the back of its invoices that required Oscar Mayer to pay all governmental taxes that Union Carbide might be required to pay.
- 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.