Quimbee logo
DMCA.com Protection Status

Tractebel Energy Marketing v. E.I. Du Pont de Nemours and Co.

118 S.W.3d 60 (2003)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Tractebel Energy Marketing v. E.I. Du Pont de Nemours and Co.

Texas Court of Appeals

118 S.W.3d 60 (2003)

Facts

Tractebel Power, Inc. (TPI) (plaintiff) charged its subsidiary, Tractebel Energy Marketing, Inc. (TEMI) (plaintiff), with locating a potential source from whom TPI could purchase pollution-offset credits. TEMI kept TPI’s identity and those of potential credit sellers secret until TEMI had brokered a deal. TEMI concluded a deal with E.I. Du Pont de Nemours and Company (DuPont) (defendant), which believed it could supply all the credits needed from the credits it amassed by cutting pollution at its New Jersey plant. TPI learned that DuPont was to be the seller only after the contract was signed. Shortly thereafter, New Jersey tightened its emissions regulations and reduced DuPont’s credit supply by almost half, making it impossible for DuPont to fulfill TPI’s order. TEMI and TPI sued DuPont. DuPont sued New Jersey, but inexplicably, it later withdrew the suit. The trial jury found that DuPont breached the contract, but it excused the breach for impracticability. The trial court entered judgment accordingly. TPI appealed to the Texas Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Brister, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership