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Contracts Keyed to Kuney
Weaver v. American Oil Co.
Citation:257 Ind. 458, 276 N.E.2d 144 (1971).
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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:
Weaver was a filling station operator that leased from American Oil. The lease included a “hold harmless” clause in small print with no heading that held Weaver liable for any loss, damage, injuries or other casualties that occurred on the leased premises, even those caused by American Oil’s own negligence. The lease was drafted by American Oil’s attorneys and Weaver had never read the lease nor had it reviewed by an attorney. Weaver’s highest level of education was a year and half of high school. This action for declaratory judgment arose then after an American Oil employee sprayed gasoline on Weaver and his assistant causing them to be burned and suffer other injuries on the leased premises.
- 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.