SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Fuller
Weintraub v. Krobatsch
Citation:
64 N.J. 445, 317 A.2d 68 (1974)Facts
Mrs. Weintraub owned and occupied a six-year-old home in Englishtown which she placed with a real estate broker for sale. The Krobatsches examined the property while it was illuminated and found it suitable. On June 30, 1971, they entered into a contract to purchase the home for $42,500, providing a $4,250 deposit held in escrow by the broker. The contract stated that the purchasers had inspected the property, were satisfied with its condition, and that no representations had been made by the seller regarding the present or future condition of the premises. At the buyers’ request, the seller had the house fumigated. On August 25, 1971, prior to closing, the Krobatsches entered the unoccupied house in the evening and were “astonished to see roaches literally running in all directions, up the walls, drapes, etc.” The next day, they notified the seller they were rescinding the contract, claiming the house was “unfit for human habitation.” An exterminator confirmed that “cockroaches were found to have infested the entire house.” The Krobatsches alleged that Weintraub must have known about the infestation and deliberately showed the house with all lights on to keep the nocturnal insects hidden.
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.