chapter 5

BRIEFING THE CASE WRITING ASSIGNMENT

Read Case B.5 in Appendix B (Continental Airlines, Inc. v. McDonnell Douglas Corp.). This case is excerpted from the appellate court's opinion. Review and brief the case (see Appendix A for information on how to brief a case) using the IRAC method. After briefing the case, you should be able to answer the following questions:

1. When did the action commence? When was the decision of the appellate court rendered?

2. Were the statements made by McDonnell Douglas opinions (i.e., puffing) or statements of fact?

3. Were the statements made by McDonnell Douglas material? What evidence supports your conclusion?

4. Did Continental rely on the statements of McDonnell Douglas? What evidence supports your conclusion? 5. Do false representations made recklessly and without regard to the truth constitute fraud?

6. What damages were awarded to Continental?

references

Schlageter III, John J.; Cheeseman, Henry R.; Reed, Kathleen. Contract Law for Paralegals (p. 134). Pearson Education. Kindle Edition.