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Torts Keyed to Prosser
Vulcan Metals Co. v. Simmons Mfg. Co.
Citation:248 Fed. 853
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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.
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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:
Vulcan Metals Company (“Vulcan”) (plaintiff) purchased machinery for the manufacture of vacuum cleaners from Simmons Manufacturing Company (“Simmons”) (defendant). In the sale, Simmons made various representations about the quality of the equipment. Representations included assertions that the machine worked with “the greatest efficiency,” that it “was so simple that a child of six could use it,” and “it was simple, long-lived, easily operated, and effective.” Vulcan later alleged the statements made were misrepresentations and brought suit against Simmons.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.