Description
Students must write and submit
a case brief to the school for
each
case listed below. Any cases not covered in the casebook may be located in books at a local law library or online at LexisNexis. If a student can’t find a required case, a different case on the same topic from the casebook may be used for preparation of a written case brief.
Note that students are
required to read the cases in their casebook, then write their own
briefs. Submitting an already-written brief from
Casenote Legal Briefs
books, online sites such as casenotes.com, quimbee, lawnix, etc., or
even from LexisNexis, is not allowed. Presenting such briefs as if they
are one’s own is plagiarism and will result in a grade of “fail.†Again,
students must read the actual cases, then write their own briefs.
A sample case brief is available here:
Case Brief Sample
John Doe
johndoe@gmail.com
November 15, 2018
1L
Contracts
Case Briefs
Lucy v. Zehmer
Supreme Court of Appeals of Virginia, 1954
TOPIC: Intent to Contract
CASE: Lucy v. Zehmer. 196 Va. 493, 84 S.E.2d, 516. (1954)
FACTS: Lucy (plaintiff) sued the Zehmers (defendants) to enforce a contract to sell a farm
owned by the Zehmers. Mr. Zehmer drafted a contract selling the farm to Lucy for $50,000.
Zehmer and his wife both signed the contract, as did Lucy. When Lucy offered to bind the
contract with partial payment of $5.00, Mr. Zehmer refused to take her money, saying the entire
transaction was made in jest, that in fact, he was drunk.
HISTORY: Trial court held for Zehmer. Lucy appeals.
ISSUE: Was the Zehmers’ offer made in jest so that there was no valid contract formed, leaving
Lucy unable to recover for breach of contract?
RULING: No. The Supreme Court of Appeals of Virginia reversed the trial court’s decision and
ordered specific performance of the contract.
RATIONALE: The court found evidence justifying Lucy’s belief that Zehmer was acting in
good faith and intended to be bound. For instance, the parties discussed the contract for forty
minutes, including what was to be included in the sale and provisions for the examination of title.
The court also concluded that Zehmer was not drunk to the extent of being unable to understand
the nature and consequences of the transaction. For instance, he changed the first contract to
include his wife’s signature.
RULE: Actual mental assent of the parties is not required to form a contract. If the words or
other acts of the parties have only one reasonable meaning, then an undisclosed intention is
immaterial.
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