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
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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
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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
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ISSUE Has the golf club breached its duty care to Wayne. RELEVANT LAW/RULES To determine if there has been a breach of duty the standard of care needs to be considered. The standard of care is set out in section 9 and 10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include‚ is it reasonably foreseeable that harm will be suffered if a person does an act or omission; is the risk of harm significant or insignificant; a reasonable person would have
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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
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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
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it is irrelevant whether Jim knew the liquid was vodka because driving while intoxicated is a strict liability offense. Jim’s attorney contends that if the statute‚ which imposes a severe punishment without proving any mens rea on the defendant’s part‚ is a strict –liability statute‚ it would be unconstitutional. ISSUE The issue in this case is whether Michigan Vehicle Code MCL 257.625 is a strict liability statute? RULE MICHIGAN VEHICLE CODE (EXCERPT)‚ Act 300 of 1949‚ MCL 257.625(1) - (1) A person
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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
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IRAC Briefs Regulatory risks are risks that many domestic and international organizations assume when it fails to comply with the government regulation. Whether federal‚ state‚ or international non-compliance puts an organization at risk of negative publicity‚ diminished revenue‚ tort liability and the total demise of the organization existences within the market completely. The combination of domestic and international business presents more regulatory risk with opportunities for expansion‚ growth
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the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered severe injuries. Jim has come to our firm for legal representation. Jim has two theories of Melissa’s liability: 1) Melissa’s negligence 2) Melissa’s liability for the guard’s negligence. ISSUE Are Melissa Gilbert and/or her company Gravel Is Us liable for Jim’s injuries due to her and her company’s negligence? Are Melissa Gilbert and/or her company Gravel R Us liable for the employee’s
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