Northridge Business Law Risk of Loss IRAC

Northridge Business Law Risk of Loss IRAC

Instructions/Descriptions

Northridge Business Law Risk of Loss IRAC

Risk of Loss

Legendary Homes, a home builder, purchased various appliances from Ron Mead T.V. & Appliances, a retail merchant selling home appliances. They were intended to be installed in one of Legendary Homes’ houses and were to be delivered on February 1 at 5 o’clock on that day, the appliance had not been delivered. Legendary Homes’ employees closed the home and left. Sometime between 5 and 6:30, Mead delivered the appliances. No one was at the home so the delivery-person put the appliances in the garage. During the night, someone stole the appliances. Legendary Homes denied it was responsible for the loss and refused to pay Mead for the appliances. Mead then brought suit for the purchase price.

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Did Legendary Homes have the risk of loss of the appliances? Please respond fully using IRAC METHOD.

IRAC METHOD EXAMPLE: To brief cases, case problems and questions, use the following “IRAC” format

ISSUE: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g., “Has there been a false imprisonment if the plaintiff was asleep at the time of ‘confinement’?”) rather than general. Most cases present one issue. If there is more than one issue, list all, and give rules for all issues raised.

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RULE: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g., A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff.) not a conclusion to the particular case being briefed, (e.g., “The plaintiff was negligent.”)

APPLICATION: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphing long. It should be written debate -not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.

CONCLUSION: What was the result of the case? With cases, the text gives you a background of the facts along with the judge’s reasoning and conclusion. When you brief cases, you are basically summarizing the judge’s opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge’s opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format.

Northridge Business Law Risk of Loss IRAC

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