Business Law

CRAIG SCHOOL OF BUSINESS

Department of Finance and Business Law

BA 18 - Business and the Legal Environment

Professor Michael T. Yonker

SECOND WRITING ASSIGNMENT (CASE BRIEF)

We have been discussing contract interpretation, and what happens when there are problems with

the performance of contractual obligations. Accompanying this memorandum is Frigaliment

Importing Co. v. B.N.S. International Sales Corp., an important case in contract law. This case

illustrates both of the foregoing points.

One way to understand a case is to write a case brief. For this writing assignment, each student

should write a case brief of Frigaliment, following the model below.

The brief is due on November 6, by 11:59 pm. It must be turned in via TurnItIn on Canvas. It is

worth 25 points depending quality and analysis. There is no page recommendation for this

assignment. However, I expect that all sections in the model below will be answered completely

but succinctly. It must be double spaced, with twelve-point Times New Roman font.

MODEL

Facts

Explain the circumstances which brought the parties to court. Include only the facts relevant to

this issue. State the significant facts necessary to present an adequate explanation without

introducing information that is not pertinent or that might confuse the reader.

Issue

State the issue presented to the court in one sentence. If possible, state the question in a form

that could be answered “yes” or “no.”

Holding

State how the court decided the issue by answering the question “yes” or “no”, or with some

other appropriate response to the question. You may add explanation if you wish, but it is not

necessary.

Reasoning

In your own words, explain how the court came to the conclusion that it did. You may quote

from the decision, but the analysis should be your own. If you quote from the decision, indicate

the page from which the quote is taken. Note that no new facts should be introduced in this

section. All facts used by the court to reach its decision should be stated in the “Facts” section.