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.