Analyzing Fact-Patterns Utilizing the IRAC Method, law assignment help

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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.

Module 1 Fact Pattern

Example of the IRAC template:

Facts

[Provide summary of key facts.]

Issue(s) Presented

[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. ]

Rule

[List each legal rule (i.e., Constitutional Provision, Statute, Regulation or Case Law) that must be applied to the facts to resolve each issue. ]

Analysis

[Apply the law to the facts. ]

Conclusion

[State the outcome of applying the law to the facts. ]



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Tori’s Tortious Day Tori is thirty-two years old and just completed her culinary training as a chef. She’s married to Tom and is the mother of Terry, a six-year-old boy. The family also has a golden retriever named Tully that can be a bit tenacious at times. Tori just started a job as a sous chef for a hip downtown restaurant. She enjoys cooking, reading, softball, hiking, and biking. Tori and her family recently moved into a new home in the burbs. It is a three bedroom, two bath split-level house. The backyard is fenced for the dog and also contains an in ground swimming pool that the family is enjoying this summer. Like most American families, Tori and Tom drive their own vehicles. Tom drives a truck while Tori drives a sedan. Tori wakes up one fine spring morning to the demands of her son to honor her promise to play catch outside before going to work. She begrudgingly complies and stumbles into the bathroom to get ready for the day. She grabs a hot cup of coffee. Instead of paying attention to where she is going, she is trying to catch a bit of the news playing on the T.V. as she heads out the door and carelessly runs into Jim, an old college buddy of Tom’s that visiting, spilling the hot coffee on him. This results in a stain to his new white shirt and a mild burn on his hand. After quickly apologizing, she heads out door where she finds her son with a bat, ball and glove. She takes one look at the bat and tells her son there is no way she’s going to let him punch a hole in the neighbor’s window. It’s catch or nothing. After whining a bit, Terry concedes and grabs his glove and the two commence spending some quality time together. Terry gets cocky near the end and one of his throws goes wide and ends up in the neighbor’s yard. Tori curses under her breath, as she doesn’t get along with Martha, her neighbor. She quickly climbs over the short fence separating the property to retrieve the ball before Martha finds out. However, she loses her footing and stumbles into a bed of Martha’s tulips, crushing a few of them. She quickly grabs the ball and climbs over to her side of the fence. She tells Terry that practice is over and goes back inside to get ready for work. Tori sees that Jim has changed into a new shirt is reading the paper at the kitchen table. She decides to grab a grapefruit out of the fridge for a quick and nutritious breakfast. While she is in the process of cutting her fruit, Jim, like Tori before, isn’t paying attention and bumps into her while getting a refill of his coffee. The bump caused the knife to slip and she slices her finger. As a culinary professional, she’s used to knife lacerations and expertly bandages up her finger, eats her grapefruit and hauls Terry off to school. As she approaches the school, she sees the familiar war zone that is the school’s parking lot full of staff coming to work and parents dropping kids off for the day. Tori’s a bit behind schedule and is afraid she’s going to be late for work. She’s stuck at a stop sign at an intersection in front of the school. The cross traffic doesn’t have to stop. Tori misjudges the speed of a car approaching and ends up getting clipped by the car who was unable to stop in time. She’s shocked but not injured. She quickly makes sure that Terry is all right and finds him a bit excited but securely fastened into the car’s seatbelt. She grabs her proof of insurance from the glove box and goes out to face the music. As she leaves the car, she sees that the other driver is walking over and doesn’t look happy. The owner of the other car is Max who, just like Tori, is dropping his child off to school. Max is very mad and starts to scream threats of physical harm to Tori because his daughter is crying and frightened by the accident. Max goes so far as to push Tori against her car in anger. Max sees that Tori is really scared and also sees others are coming to checkout the scene he is making. He calms down and mutters a half-hearted apology. They then proceed to survey the damage and find that both cars received some minor damage to their respective bumpers. They exchange insurance information and wait for the police while the school’s crossing guards take their children to school. After taking the statements from Tori, Max and some other witnesses, the officer gives Tori a traffic citation. Tori arrives to work an hour late. Her boss isn’t happy and warns her that tardiness can lead to termination. She spends the rest of the morning preparing sauces necessary for the lunch menu. Her concentration is lacking and she accidently spills a saucepan full of a garlic butter sauce onto the floor. She grabs a mop and quickly cleans up her mess. However, she didn’t do a good job and a few moments later a member of the kitchen staff, Mary, slips on the greasy floor. Fortunately for Mary, she was able to avoid a fall, but unfortunately, she twisted her ankle and had to take the rest of the day off. During Tori’s lunch break she remembers that Tom asked her to cancel their cable as they decided to change to satellite television. During the call, the cable company tells her that she entered into a two-year agreement that has not expired and that she’ll have to pay a penalty if she wants to cancel. Tori’s not happy, but begrudgingly agrees to pay the stiff penalty and cancels the cable. Upon returning from to work, Tori stops by the break room to drop off a snack in its fridge. She spots a bag of cookies on the counter labeled Carl, one of the other sous chefs. She figures Carl won’t mind and snags one of his cookies before going to back to work. After work, Tori heads to her yoga class. She’s relatively new to yoga but finds it relieves her stress. Her instructor demonstrates an advanced headstand pose to her. She tells him that she doesn’t think she can do it. The instructor tells her that she can and he and her friends pressure her to give it a try with his help. The instructor successfully gets Tori on her head. However, Tori loses her balance and falls before the instructor is able to correct her position because he was distracted by a question asked by another student. She strains her neck and stops by an urgent care center. She is told that she a minor sprain and is advised to wear a neck brace for a few days. She finds out later that her neck injury was more serious than the urgent care center diagnosed because they didn’t take a CT Scan. She would have to undergo invasive surgery to correct a spinal injury that was exacerbated by the delay in treatment. After leaving the urgent care facility, Tori heads over to a pharmacy to have her pain prescription filled. While waiting, she heads next door to one of her favorite department stores. She spots a bracelet she likes that’s on display. The sales clerk is busy with someone else and the bracelet is just lying on a sale table with other merchandise so she helps herself like another customer is doing. She takes off the bracelet she is wearing and tries it on. She decided that it wasn’t worth the price and puts it back and puts her own back on. The moment she exits the store she is stopped by a plain-clothes security guard from the store who accuses her of shop lifting the bracelet she is wearing. She is told to come back to the store. Tori politely explains to the security guard that she had tried on a bracelet but that the bracelet she is wearing is her own. It wasn’t even purchased at the store. In fact, Tori explains the bracelet was a custom piece her husband had made by a jeweler for her graduation present. The security guard isn’t buying it. He tells her the sales clerk in the department saw everything and reported you. Tori gets angry and tries to leave, but the guard stands in her away and commands her to come back to the security office where she will be questioned, the store’s security tapes reviewed and the police called after the tapes confirm the theft. Tori looks around and sees other customers gawking. With the security officer standing in her path she no other option but to comply and go inside the store. After about twenty minutes of review, the security tape clearly shows that Tori is innocent. The security officer gives her a curt apology and tells her she is free to leave. Tori goes to the pharmacy and picks up her medication. She was in no mood to make dinner after the day’s events so she stops by a burger joint to pick up some burgers and fries for her and the family. Upon pulling into her driveway, Tori is immediately accosted by her neighbor, Martha, who has apparently awaiting her arrival with eager anticipation. The old lady accused Tori of destroying the tulips along the fence. She was screaming at the top of her lungs, which drew the attention of all neighbors outside and pedestrians walking by. It was quite embarrassing for Tori who was about to apologize when the old lady started to accuse her of being a bad parent, a career criminal and even a drug user – all of which were patently false. Tori told Martha to get off her property, but instead Martha continued to advance towards Tori who was starting to get angry. Fortunately, Marvin, Martha’s husband dragged Martha back to her house. Tori looked around in dismay at all the neighbor staring at her and whispering to each other. She went inside and dropped off the food on the kitchen table and went to her bedroom to cry. She emerged about a half-an-hour later and ate a cold cheeseburger and decided to walk Tully, their dog, before it became dark. She leashed Tully and started for the neighborhood park. Upon arriving at the park, Tully spotted a couple of kids playing Frisbee. Tully broke free from Tori’s grasp and intercepted the Frisbee, ran off and started to chew it up. Tori was eventually able to retrieve the Frisbee from her golden retriever and handed the somewhat damaged Frisbee back to the kids. She cringed when she noted that one of the young boys was Martha’s grandson. She decided to leave the park quickly in case Martha was around to make another scene. Before leaving the park, Tully decided he needed to defecate. Tori had forgot to bring along a baggie for the waste and decided to leave it in violation of the local city ordinance. She figured that the park could use the fertilizing anyway. Upon returning home, she discovered that her wonderful husband had already put Terry to bed for the night and poured her a nightcap. She drank it down and poured another, figuring that she deserved it after the day she had. She went to her bedroom, snuggled up to Tom and watched late night television until she fell asleep. Tori woke up around 3:00 in the morning after she heard vomiting in the bathroom. She decided to investigate. She was starting to feel sick herself. When she entered the bathroom, she saw her son and husband hunched over the toilet retching. She soon followed. After a round of group projectile vomiting, she determined everyone had a high fever and stomach cramps. She was concerned that the whole family was sick so she called her sister Becky who is a nurse. After hearing the symptoms, Becky asked what the family had eaten for dinner. Tori told her some cheeseburgers and fries from the fast-food restaurant. Becky told her to get to the ER. She informed Tori there was an outbreak of e-coli in meat used by the fast food chain. Although the tainted meat was supposed to have already recalled, given their symptoms, they may have eaten some tainted meat that was not sent back or cooked properly. Sure enough, the ER confirmed Becky’s suspicion. Tori and her family were infected with ecoli.
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Explanation & Answer

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Facts
There are different policies set to regulate various acts of individuals or parties in a state
as established by the judiciary or the federal government. Most of the acts are prone to legal
penalties if they violate the rules; either civil, or criminal (Rizzo, Mario, 291-318). For the case
analysis, it entails different suites that involve two parties (Plaintiff and the defendant), where the
defendant is deemed to violate the legal rights of the plaintiff. If the accused may be found to be
guilty of the charges, he/she may be subjected to penalties. Such sanctions might be
confinement, and fines/compensation, or both; otherwise, set free. In our analysis, we shall look
at the possible lawsuits that might be between Jim vs. Tori, Martha vs. Tori, Tori vs. Jim, Max
vs. Tori, Mary vs. Tori, Tori vs. Care Center, and the Local city vs. Tori. In the Jim vs. Tori case,
Jim may appeal for a lawsuit against Tori for spilling hot coffee on him. Martha, on the other
hand, may sue ...

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