Question

Using the IRAC analysis to write a paper on this case study about torts.

Could someone please use this case study and these instructions to give me help on how to set up this paper? From the case study that is attached in the instructions on this post, I need the Issues involved in the case, the Rules that apply to each issue, an Analysis on how the rules apply to the issues, and a conclusion of the issues all concerning the case study.

Here is the text form of the case and instructions:

Case Scenario. Danny, a computer hacker and aspiring comedian, founded the Society of Pranksters, a network of prank callers. Danny records and then uploads his prank calls to YouTube. In one such prank, Danny called a pizza store (“Store”) claiming to be from the corporate office, and convinced the Store’s employee to give him the names, phone numbers, and order details of the people who had most recently placed orders. Juvenile hilarity ensued as Danny then made a prank call to one of the individuals who had just ordered a pizza (“Customer”). In the call, Danny (falsely) represented that he was the manager of the pizza store, and told Customer—who was a strict vegetarian—that his pizza would have to include sausage, because the sausage would otherwise go to waste. The conversation lasted about 15 minutes and ended with the frustrated Customer calling the Store and cancelling his order (for which he had not yet paid). The Store had already made the pizza and was prepared to deliver it. Danny was on his cell phone and was driving his car at the time of the prank. As he went to hang up his phone at the conclusion of the call, Danny took his eyes off of the road for several seconds and collided with Pam’s car, which was properly stopped at a red light. Pam suffered several physical injuries and her car was totaled.

Instructions. This exercise is designed for you to demonstrate further your understanding and use of the IRAC process to analyze issues of liability that appear in the case scenario below. This time, unlike Writing Assignment 1 where you were given the Rule and guided through the Analysis, you must create all parts of IRAC (Issue, Rule, Analysis, Conclusion) for your paper. Start with the two issues and write an issue statement that is a legal question (again, just like you did in Writing Assignment 1, although this time the issue(s) won’t have to do with ethics, but instead should involve tort liability).

To put this into the IRAC framework, you should:

(1) Identify liability issue(s) (Issue);

(2) Identify and describe the legal rules and/or laws that apply to those issues (Rule);

(3) Connect relevant facts (from the fact scenario) to the Rule(s) you identified in paragraph 2 (Analysis); and

(4) Summarize your conclusions regarding tort liability (Conclusion).

Thank you so much in advance!

Answer 1

Answer 1:

Liability Issue(s) are as follows:

1. Is Danny liable for deceiving the customers and loss against the pizza company?
2. Is Danny liable for Pam’s several physical injuries?
3. Is Danny liable for paying damages to Pam against her collapsed car?

Answer 2:

Laws that apply to the issues are:

1. Misrepresentation of Facts under Tort Laws, deceiving the customers, and Pizza Company had to suffer the loss of the pizza cost.

2. Absolute Liability under State Tort Laws, as he was driving and taking calls at the time of driving can cause hurt to another person. And, Negligence under State Tort Laws, to determine the liability and negligence of the tortfeasor for the injuries and damages that occurred to the plaintiff such as medical bills, prescription drug costs, lost wages due to time missed from work, etc.

3. State Motor Vehicle Act, to evaluate the compensation to be provided to the plaintiff for the damaged car.

4. Automobile Insurance Industry Laws, to check how much amount can be claimed under Insurance by the plaintiff.

Answer 3:

Analysis:

In the instant case, Danny has misrepresented the facts to the customer who was a strict vegetarian regarding the non-vegetarian pizza ingredients which resulted in canceling the order and loss to the Pizza Company. Danny also committed a tort by negligently banging Pam’s car which was stopped at the red light. Due to which Pam got physical injuries and her car got damaged. The injury and the damages that occurred to Pam were the direct result of Danny’s negligent driving and breaking the driving rules by picking phone calls while driving under the Motor Vehicle Act.

According to the leading negligence cases in the USA, for example, Baltimore and Ohio R.R. V Goodman and Donoghue V Stevenson it was made clear by the courts that in the cases wherein it is apparent that the defendant had been negligent and has not complied with the duty of care, the defendant is responsible for the injuries and damages caused to the plaintiff. However, the measurement of damages will be assessed by the courts based on the instance that occurred.

Answer 4:

Conclusion:

A tort is a legal wrong and Tort Liability is a legal duty to compensate the injured party for the damages suffered by them.

Given the above-stated instance, under the Laws of Tort Danny has committed legal wrong of misrepresentation and negligence both. Due to Danny’s prank, Pizza Company lost its goodwill, reputation and suffered the loss in monetary terms along with the loss of the customer. He willingly deceived the customers and caused loss to Pizza Company.

Making or picking phone calls at the time of driving creates absolute liability under the Tort Laws over Danny. His negligence is apparent from his act.

Therefore, the Pizza Company and Pam should be compensated for the injuries occurred to them appropriately.

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