Irac Analysis Case
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.
The injured person must prove :
1. that statute clearly sets out the standard frame in sense of what conduct is expected, when, where and of whom is expected
2. that he or she falls into class inteded to be protected by the statute
3. the
(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.
The injured person must prove :
1. that statute clearly sets out the standard frame in sense of what conduct is expected, when, where and of whom is expected
2. that he or she falls into class inteded to be protected by the statute
3. the