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Contracts Keyed to Kuney
Zabriskie Chevrolet, Inc. v. Smith
Citation:99 N.J. Super. 441, 240 A.2d 195 (1968).
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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:
On February 2, 1967, defendant signed a purchase order for a brand new Chevrolet Sedan. Defendant paid a $124 deposit. On February 9, 1967, defendant tendered a check to plaintiff for the balance of the purchase price and licensing ($2,069.50). The next day, defendant’s wife accepted delivery of the sedan and drove the car home. During the drive home, the car stalled every time it was stopped and, approximately half-way into the trip, could no longer be driven in “drive” but in “low-low” gear. Defendant’s wife called defendant who then drove the car the remaining seven blocks home. Defendant immediately called his bank to stop payment on the check and notified the plaintiff about the car and check. The plaintiff sent a tow truck to pick up the car and determined the transmission was defective. Plaintiff replaced the transmission with one from a car in its showroom and notified the defendant. Defendant refused to accept the car and asserted the sale was cancelled. The parties then began negotiating for the sale of a different car, but defendant refused to continue the deal because plaintiff insisted that defendant be given credit for the defective sedan.
- 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.