SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Epstein
Webster v. Blue Ship Tea Room, Inc.
Citation:
347 Mass. 421, 198 N.E.2d 309 (1964)Facts
The plaintiff ordered clam chowder and crabmeat salad. Within a few minutes she received tidings to the effect that there was no more clam chowder, whereupon she ordered a cup of fish chowder. Presently, there was set before her a small bowl of fish chowder. She had previously enjoyed a breakfast about 9 a.m. which had given her no difficulty. After 3 or 4 spoonfuls, she was aware that something had lodged in her throat because she couldn’t swallow it. The misadventure led to tow espophagoscopies at the Massachusetts General Hospital. The sequence of events produced injury to the plaintiff which was not insubstantial. The plaintiff alleged a breach of implied warranty of food.
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.
- 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.
Topic Resources
8m 27sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 