BUSINESS LAW I

Case Brief Assignment No. 4 (Optional)

(Measure of Damages in Breach of Contract Case)

HW Objectives: 1. Develop critical thinking skills.

2. Learn and apply the general damage principle applicable in a common law

suit for breach of contract.

3. Provide opportunity to draft a Case Brief and summarize a judicial opinion.

Instructions. Review the New Jersey Superior Court Appellate Division decision in the case of V.A.L. Floors, Inc. v. Westminster Communities, Inc. (2002) and draft a formal Case Brief that correctly responds to the primary issue raised in the case:

1. Did the trial court err in granting summary judgment to Defendant on the ground that a Contractor's lost profit estimate, based primarily on its past experience, is not a reasonable or sufficiently definite basis upon which to allow a jury to determine lost profits?

You may find the subject case using Google Scholar with the following case citation:

V.A.L. Floors, Inc. v. Westminster Communities, Inc., 355 N.J. Super. 416 (App. Div. 2002)

You may use the IRAC method in formulating your Case Brief or an alternative Case Brief format that includes the following headings: "Material Facts," "Issues," "Holdings" and "Reasoning/Rationale." Be sure to include and highlight in your Case Brief the specific, relevant legal principles applied by the Court in connection with the resolution of each of these issues. Your Case Brief should be no longer than 1 or 2 pages.

Grading Considerations:The following factors will guide the grading process for this Case Brief Assignment:

• Overall accuracy of your Case Brief
• Inclusion of Key, Material Facts
• Correct Summary of the Court's Holdings in 1-2 sentences
• Accurate Summary of the Reasons for Court's Holdings
• Inclusion of Relevant Legal Principles and Court's explanation of how they applied in this case
• Did Student's Brief demonstrate a good understanding and summary of the Court's decisions?

Please submit your Case Brief through Blackboard in Word or Rich Text formats only on or before the Due Date noted on Blackboard for this Assignment.