Author: esquire

Case Brief Summary: Donoghue v. Stevenson (1932) Issue: The primary issue in Donoghue v. Stevenson is whether the defendant, Stevenson, owed a duty of care to the plaintiff, Donoghue, who was not his direct customer but consumed his product, leading to harm from a contaminated drink. Rule: The legal rule established by this case is…

IRAC Summary: Issue: The primary legal issue in Palsgraf v. Long Island Railroad Co. is whether the defendant, Long Island Railroad Co., owed a duty of care to the plaintiff, Helen Palsgraf, that was breached, resulting in her injury. Rule: The rule of law is that a defendant owes a duty of care only to…

IRAC Summary: Issue: Whether the cost of performance or the diminution in property value is the appropriate measure of damages when a party breaches a contract to perform restorative work upon land. Rule: Generally, the measure of damages for breach of contract is the amount which will compensate the aggrieved party for all the detriment…

v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996) Summary of the Case (IRAC): Issue: The main issue in ProCD v. Zeidenberg is whether a contract for software, which includes terms that become available only after purchase, specifically a shrinkwrap license agreement, is enforceable against the purchaser who later violates the terms of that agreement. Rule:…

IRAC Summary Issue: The issue in Frigaliment Importing Co. v. B.N.S. International Sales Corp. revolves around the definition of the word “chicken” in a contract. Specifically, the question is whether “chicken” referred only to young chickens suitable for broiling and frying or if it also included older, stewing chickens. Rule: The main rule in this…

Case Name: Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88, 118 N.E. 214 (1917) —Brief Summary— Issue: Whether an agreement between Wood and Lucy contained an enforceable contract despite the absence of an express promise by Wood to use reasonable efforts to market Lucy’s fashion designs. Rule: An implied promise or obligation can be read…

IRAC Summary: Issue: The central issue in Sherwood v. Walker is whether a mutual mistake of fact as to a fundamental aspect of an agreement is grounds for rescission of a contract. Rule: A contract may be rescinded if both parties are under a mutual mistake of material fact which significantly affects the agreed performance.…

IRAC Summary of Hawkins v. McGee Issue: The issue in Hawkins v. McGee is whether the defendant, a surgeon, breached his contract with the plaintiff by guaranteeing a certain result from a skin graft operation and not achieving the promised outcome. Rule: In contract law, when one party promises a specific outcome to another party,…

Brief Summary (IRAC Pattern) Issue: Whether a promise to refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until the age of 21, constitutes sufficient consideration for a valid contract when such a promise is made in exchange for a later financial reward. Rule: A contract must have consideration, which is…

Case Brief: Lucy v. Zehmer (1954) Issue: The main legal issue is whether the defendants, the Zehmers, were contractually obligated to sell their farm to the plaintiff, Lucy, based on the agreement written on the back of a restaurant receipt, even though the defendants claimed they were intoxicated and considered the agreement to be a…

IRAC Summary Issue: Whether there was a binding contract between Mrs. Carlill and the Carbolic Smoke Ball Company through the advertisement of a reward for any person who used their product, the smoke ball, and contracted influenza. Rule: A contract requires an offer that is clear, unequivocal, and communicated to the offeree, an acceptance of…

IRAC Summary: Issue: Whether the defendant (Baxendale) was liable for the profits lost by the plaintiff (Hadley) due to a delay in delivering a broken crankshaft for repair, which the plaintiff contended was a foreseeable consequence of the defendant’s failure to deliver the part on time. Rule: The defendant is liable for those losses which…