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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - agreed case
Definition of agreed case
An agreed case, often referred to as an agreed statement of facts, is a formal document prepared by opposing parties in a legal dispute. In this document, the parties jointly present to the court all the relevant facts of their case that they agree upon. By agreeing on the facts, the parties eliminate the need to present evidence or call witnesses to prove those facts during a trial. This allows the court to focus solely on applying the law to the undisputed facts and making a legal ruling, rather than spending time resolving factual disagreements. This process streamlines litigation, saves time and resources, and is particularly useful when the central disagreement between the parties is about the interpretation or application of the law, rather than what actually happened.
Example 1: Contract Interpretation
A small business owner hired a marketing agency to design a new logo and website. They had a written contract detailing the deliverables and payment schedule. The agency delivered the logo and website, and the owner paid the initial deposit but withheld the final payment, claiming a specific design element was not implemented according to their understanding of a particular clause in the contract. The marketing agency insists they fulfilled their obligations.
In this situation, both parties agree on the existence of the contract, its exact wording, the amount of money paid, and the final appearance of the logo and website. They can submit an agreed case detailing these undisputed facts. The court would then only need to interpret the specific clause in the contract regarding the disputed design element and decide, based on the legal interpretation of that clause, whether the marketing agency fulfilled its contractual obligations.
Example 2: Property Easement Dispute
Two neighbors, Ms. Chen and Mr. Davies, have a dispute over a shared access path that runs along their property line. Ms. Chen believes she has a legal right to use the entire path to access her garden, while Mr. Davies argues her right is limited to only a portion, or perhaps no right at all. They both agree on the historical use of the path by previous owners, its physical dimensions, and the exact boundaries of their respective properties as recorded in official documents.
Instead of calling surveyors or historical witnesses, Ms. Chen and Mr. Davies can present an agreed case to the court. This statement would detail the property lines, the path's dimensions, and the documented history of its use. The court would then use these agreed-upon facts to determine the legal extent of any easement or right-of-way that applies to the path, resolving the dispute based purely on legal interpretation.
Example 3: Insurance Coverage Claim
A homeowner filed an insurance claim after a burst pipe caused significant water damage to their kitchen. The insurance company acknowledges the pipe burst, the date it occurred, and the extent of the visible water damage. However, they dispute whether the specific type of damage (e.g., mold growth that appeared weeks later) is covered under the "sudden and accidental discharge" clause of the policy, arguing it might be a secondary issue not directly covered or due to delayed reporting.
The homeowner and the insurance company can agree on the date of the pipe burst, the fact that water damage occurred, and the initial visible damage immediately after the incident. They submit these facts as an agreed case. The court's role would then be to interpret the insurance policy's language regarding "sudden and accidental discharge" and "consequential damage," and determine, based on the agreed facts, whether the specific mold damage claimed falls within the policy's coverage.
Simple Definition
An "agreed case" refers to a legal proceeding where opposing parties present a dispute to the court based on a set of facts that they have both agreed upon. Instead of conducting a full trial to determine the facts, the parties submit an "agreed statement of facts" to allow the court to focus solely on resolving the legal questions arising from those undisputed facts.