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Contracts Keyed to Frier
W.W.W. Associates, Inc. v. Giancontieri
Citation:566 N.E.2d 639 (1990)
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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:
Defendants contracted to sell a parcel of land to Plaintiff. The contract contained a reciprocal cancellation provision stating that either party may cancel the contract if the lawsuit against Defendants did not conclude by a certain date. In addition, the contract contained a merger clause stating that the contract was the parties’ full agreement and that all prior agreements between them were merged into the contract. Defendants’ litigation was still ongoing when the relevant date passed, and Defendants subsequently cancelled the contract. Plaintiff sued Defendant for specific performance, claiming that the cancellation provision was meant to apply to Plaintiff only and offering to introduce extrinsic evidence of the origin of the clause.
- 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.