Confirm favorite deletion?
Torts Keyed to Duncan
Vaughan v. Menlove
Citation:132 Eng. Rep. 490 (1837)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Vaughan (plaintiff) owned property containing two cottages which were occupied by tenants. Menlove (defendant) owned a nearby property that contained a stack of hay, which the tenants had repeatedly warned the defendant was a fire hazard. The defendant added a chimney but did not remove the haystack, and it eventually burst into flames, destroying the plaintiff’s cottages. The plaintiff brought suit against the defendant for negligently causing the damage.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.