After reviewing the fact pattern below, apply the IRAC method of legal analysis and identify all conduct that may be a tort regardless of the identity of the tortfeasor (though you should identify the tortfeasor and injured party for each tort). Your analysis should:
- Follow the template below of the IRAC
- Be no less than three and no more than six pages in length (double-spaced, 12 point font).
- For the purpose of this exercise, treat the text’s definitions of an intentional tort, negligence and strict liability as the legal rules to be applied. Don’t worry about the whether a particular tort claim has merit, simply examine the facts and apply the rules to identify potential tort claims.
Example of the IRAC template:
[Provide summary of key facts.]
[List the issue to be resolve in the form of a question or a declarative statement (e.g., Is the claim barred by the statute of limitation? Or whether the claim is barred by the statute of limitations. Remember that there may be more than one issue. ]
[List each legal rule (i.e., Constitutional Provision, Statute, Regulation or Case Law) that must be applied to the facts to resolve each issue. ]
[Apply the law to the facts. ]
[State the outcome of applying the law to the facts. ]