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Contracts Keyed to Epstein
Weintraub v. Krobatsch
Citation:64 N.J. 445, 317 A.2d 68 (1974)
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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:
Mrs. Weintraub owned and occupied a six-year-old English-town home which she placed in the hands of a real estate broker for sale. The Krobatsches were interested in purchasing the home, examined it and found it suitable. On August 25, 1971, prior to closing, the purchasers entered the house, then unoccupied, and as they turned the lights on, they were astonished to see roaches running in all directions. On the following day, they consulted an exterminator who asserted that the presence of vermin in such great quantity rendered the house as unfit for human habitation at this time. The purchasers sought to rescind the contract, but Mrs. Weintraub rejected the rescission by the purchasers and filed an action, seeking damages for breach of the contract.
- 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.