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Contracts Keyed to Burton
Wood v. Lucy, Lady Duff-Gordon
Citation:
222 N.Y. 88, 118 N.E. 214 (1917)ProfessorMelissa A. Hale
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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:
The defendant a well-known woman whose approval and name carried a lot of weight in the fashion world. Brands paid to use her name and likeness to sell their clothing. She hired the plaintiff to act as something of a manager to decide what brands she should associate herself with, and he had the exclusive right, subject to her approval, to place her endorsements on the designs of others. In return, she was to receive half of the revenue from all contracts he might make on her behalf. The exclusive right for him to make these deals was to last one year, and then year-to-year unless terminated with 90 days notice. The defendant, while still under contract with the plaintiff, then placed her own endorsement on a number of brands without the plaintiff’s knowledge.
- 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.