IRAC Example

Good Essays
IRAC Example 2:

Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators, Elwyn and Osman, who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May, Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the company who does repairs and maintenance work on the crane, EFL Engineering, and asks for an engineer to be sent out immediately. EFL says that no-one is available for two hours. The manager of Hilift decides to allow Osman to begin his shift before the engineer arrives, since to stop work will delay construction. Osman is halfway through hoisting his first load when a cable in the crane snaps and the crane swings out of control, smashing into a lower floor of the building. Two construction workers in the building are injured. One has both legs crushed and they have to be amputated. The other worker will be hospitalised for a long time with serious injuries but will make a full recovery. The building is damaged by the accident and will cost $75,000 to repair. The construction of the building is delayed by three months because of the accident, and for this period the expected income from tenants is lost. Osman is deeply traumatized by these events and cannot bring himself to drive a crane again. After a period of six months without employment, during which he receives psychiatric treatment, Osman takes lower paid work as a general construction worker. A subsequent inspection of the crane finds that the fault in the cable would have been discovered if an engineer had inspected the crane after Elwyn’s shift had ended. To replace this cable would have taken six hours.

Advise Hilift as to whether, and to what extent, the company will be liable in tort for the harm

You May Also Find These Documents Helpful

  • Good Essays

    Example of Irac

    • 514 Words
    • 3 Pages

    MEMORANDUM ISSUE I. Can Doe reveal that Mr. King intends on lying in the upcoming litigation if asked if he had any alcohol prior to the accident? II. After consulting with King and he still intends on lying on the stand, can Doe withdraw from the case? III. Can Doe make a false statement of material fact or law to a court and fail to disclose a material fact necessary to avoid assisting King in a criminal or fraudulent act and offer false evidence? RULE The first relevant…

    • 514 Words
    • 3 Pages
    Good Essays
  • Good Essays

    IRAC

    • 1280 Words
    • 5 Pages

    Anne Bustamante | Gela Gaffud | Noel Geologo | Kaye Rosario| Karen Umangay Narra v Redmont G.R. No. 195580 April 21, 2014 Facts: Respondent Redmont Consolidated Mines Corp. (Redmont), a Filipino corporation, wanted to undertake mining activities in Palawan but discovered that the areas it sought to explore were already covered by the Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra Nickel Mining and Development Corp. (Narra), Tesoro Mining and Development, Inc. (Tesoro)…

    • 1280 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    IRAC Brief

    • 1009 Words
    • 4 Pages

    IRAC Brief Law/531 Facts of the Case According to United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts, 2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore both Sears and…

    • 1009 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    Irac of Negligence

    • 1494 Words
    • 6 Pages

    care; and damage must have been suffered as a result of the breach of duty. (FoBL, 2005, p70) In addition, another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four issues. IRAC Process No. 1 Does ‘Zorba’s’ Restaurant own a duty of care to Rebecca Disasteropoulos? There are two common factors that must exist before the law says a duty of care exists, which are foreseeability and proximity. Firstly, in discussing the incidence…

    • 1494 Words
    • 6 Pages
    Better Essays
  • Good Essays

    IRAC Assignment

    • 571 Words
    • 3 Pages

    Week 3 IRAC Assignment Micah Flores LAW/421 January 7, 2014 Dr. Mark L. Pugatch, BS, MBA, JD Week 3 IRAC Assignment Issue: Has there been a violation of Li’s Constitutional rights? Have there been any tort offenses committed? Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery? Rules: Li Intentional infliction of emotional distress False imprisonment Negligence Li’s Parents Respondeat Superior Scienter Mr. Billups Assumption of risk…

    • 571 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Irac Assignment

    • 322 Words
    • 2 Pages

    IRAC Assignment Summary Iggy spent too much time drinking beer and playing darts, and result in spending too little time at the library studying. His parents want to know his Fall 2011 grades, and concern about whether stop supporting Iggy money. Issue The issue here is whether Iggy’s parents are entitled to the information strictly related to his grades. Rules According to FERPA: Once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an “eligible…

    • 322 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Irac Rules

    • 572 Words
    • 3 Pages

    IRAC/CRAC What is it? • Issue, Rule, Analysis, Conclusion OR Conclusion, Rule, Analysis, Conclusion • Method for organizing legal analysis so that the reader can follow your argument • Especially helpful in writing exams (IRAC) and legal memos (CRAC). How to do it? As an example, we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact, which is required for a battery claim. Issue…

    • 572 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Negligence Irac

    • 748 Words
    • 3 Pages

    Wayne is walking along a footpath near a golf course. He gets struck in the eye with a golf ball. There were no barriers between the golf course and the footpath. The place where Wayne was hit about 100m from a tee (a tee is where players drive the golf ball). Wayne can no longer work as a surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached…

    • 748 Words
    • 3 Pages
    Good Essays
  • Good Essays

    IRAC Analysis

    • 1044 Words
    • 3 Pages

    IRAC Analysis Defendant Carl Clay entered the partially open door of a motel room around five o’clock pm with the intent to steal a television to replace his broken one. To convict Clay as guilty of burglary, he must meet the stipulations stated in the General Laws chapter 228 numbers one and two. The first law defines burglary as the breaking and entering of a dwelling at nighttime with the intent to commit a felony. The second law defines a felony as the theft of personal property over the…

    • 1044 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Irac Analysis Case

    • 301 Words
    • 2 Pages

    IRAC Analysis no. 3 (case on page 317) Fechter Marek IRAC Analysis Legal issues in the workplace Mariana Martiskova July 20, 2012 ISSUE: Is the GTE South, Inc. guilty of negligance per se towards Laura Baldwin on the grounds of unlawful telephone booth placement in rights-of-way ? RULE : Negligence per se may occur if any individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured…

    • 301 Words
    • 2 Pages
    Satisfactory Essays