Case Study Analysis - Using the IRAC Method

Facts

Even if you are not required

to submit a list of facts in your answer, it is a good idea to write one. This

will help you sort through the facts you have been given and determine which

facts are relevant and how you are going to use them. The following is a list

of questions that may help you do this Who is involved? (identify parties

specifically by name, if possible)

Who suffered?

How?

Why? (was is avoidable?)

What is the known

(relevant) information?

Is there any missing

information?

Include specific details

like dates and monetary figures

Note:

Reread the question at the

end of the case study. This will tell you what you are supposed to be doing and

it will help you determine which facts are relevant.

Issues

Identify the problem: what

has gone wrong and for whom?

Name each Plaintiff and

Defendant and briefly describe their individual issues

Work out what area of law

may govern the resolution of the problem.

This could include, but is

not limited to the following bodies of law

o Contract law (be specific about which part)

o Trade practices (e.g. misleading conduct)

o A company law issue (e.g. breach of director's duty)

o Negligence Criminal Law

o Constitutional Law

o Partnership Law

Assignments generally

relate to one area of law but the assignment will usually raise a number of

issues within that general area.

Identify any conflicting or

troublesome facts

Note:

Assessment tasks are set

around the work that you have done in class or will do in class. You are not

expected to go outside the content of the unit but you are expected to explore

it

Rules

and relevant Law

Set out the legal

principles that will be used to address the problem.

Source legal principles

from cases and legislation.

Note: Make

sure you are specific when stating the relevant law/rules that apply, and

always make sure to support propositions with case authority.

Analysis

Explain in detail why the

Plaintiff's claims are (or are not) justified, based on the body of law

pertaining to the case.

How will this law be used

by each party to argue their case?

Use relevant precedent

cases or Legal Principles to support each answer.

You may also choose to use

Legislation, when applicable.

There are often several

Plaintiffs involved. Take the time to examine each case individually and

analyse why their claims are (or are not) valid.

Legal Principals and

precedent cases are used in each analysis, even if there is overlap among

Plaintiffs (the same precedent can be applied to both parties, if appropriate.

See example 2).

It is acceptable to refer

the reader to another point in the paper, rather than rewriting it word for

word, if the situation calls for the same legal recommendation. (See example 1

and 2)

Note:

Take time to discuss the contentious aspects of the case rather

than the ones that are most comfortable or obvious.

Conclusion

Stand back and play 'the

judge.'

Choose the argument you

think is the strongest and articulate what you believe to be the appropriate

answer.

State who is liable for

what and to what extent.

Consider how parties could

have acted to better manage their risks in order to avoid this legal problem

Instructions

Complete BOTH mini cases

provided to you.

Your assignment must be

analysed and written using IRAC Method.

Information found and used

from website, magazines, journals, books or text book etc. must be properly

reference in the body of your assignment and in your reference list or

bibliography

Mini Case #2

Bento Flex Ltd. v. Jones

[2004] Marvin A. Jones was the operator of an ice-resurfacing machine and was

filling it with water when an explosion injured him. The water tank and the

gasoline tank were similar and located in close proximity and he made the

mistake of filling the gasoline tank with water from a hose. When the water

filled the tank, the gasoline escaped and an overhead heater ignited the

resulting fumes. He sued the manufacturer and distributor of the machine for

negligence.

A. Explain the arguments

available on both sides and the likely outcome including the calculation of

damages, if appropriate. Would it make any difference to your answer to know

that Jones testified that the two tanks did not confuse him?