Analyze the case

1.Implied Warranties

Irma Virgil bought a pint-sized thermos bottle from Kash N' Karry.After a couple of months of use, she poured coffee into it one morning and was adding some milk when it imploded, throwing hot coffee and glass into her face and injuring her eye.Irma testified that she had not dropped the thermos and had not abused it.She sued Kash N' Karry, claiming among other things, breach of warranty.Were any Implied Warranties breached?

How to Analyze the case

1)Briefly summarize the facts of the case- restating the facts in a clear and concise manner ( You must understand the facts of a case before you can attempt to resolve it)

2)Identify the major issue(s) that flow from the facts (Legal issue).Sometimes this process indicates the various avenues of litigation open to the plaintiff.For instance, the issues identified can suggest that both Negligence and Strict Liability may be pursued.

3)Identify the elements of each issue (Determine the relevant elements of each issue.For instance Negligence has: Existence of Duty of care, Breach of that Duty, Proof of Injury and Causation or Proximate Cause).

Sometimes the elements of the Legal Issue may not be very apparent or obvious.In that case DEFINE or DESCRIBE the issue as best as you can according to the text.

4)Discuss the elements of each issue as they apply to the case or apply the description to the facts.

5)Apply the relevant law (Make a decision based on the relevant law).

6)Cite a supporting case (As this is common law, briefly state the facts of the supporting case and show how it can serve as a precedent to your case problem).You can find cases at : Findlaw.com, Westlaw.com, Lexisnexis.com, Lawnix.com, Lawteacher.net. Google Scholar, or even Wikipedia, the online Encyclopedia.

All written cases will follow the above format.Sometimes a case may have questions at the end of the case.You should answer those questions only after you have followed the above prescribed format.If the questions do help you in applying the given format, then you do not have to duplicate your answer since it will be contained in the answer to the questions.