written response to problem

For the written response to the problem, I would encourage you to try to show that you can identify and explain the legal issue in the problem, tell me (briefly) what the relevant rule is (or factors that a court might consider), and apply the rule to the facts in the problem to arrive at a conclusion. As mentioned in class, I am not looking for the "correct" answer - there may not be a correct answer - but rather an explanation of how you would respond to the problem and then support your answer by referring to relevant legal principles and facts in the problem.

One way to think about this is via the "IRAC" method: Issue, Rule, Analysis, Conclusion - meaning try to identify the legal issue, explain the general rule applicable to the legal issue, analyze the facts in light of the issue and rule, and then reach and support your conclusion based on the foregoing.

For most problems you should be able to answer in a page or less, e.g. I don't need you to restate the facts and I don't need you to copy the textbook - instead I want you to develop comfort with the legal issues and try to reach a conclusion.

9. On April 16, 1947, the SS Grandchamp, a cargo ship owned by the Republic of France and operated by the French Line, was loading a cargo of fertilizer grade ammonium nitrate (FGAN) at Texas City, Texas. A fire began on board the ship, apparently as a result of a longshoreman's having carelessly discarded a cigarette or match into one of the ship's holds. Despite attempts to put out the fire, it spread quickly. Approximately an hour after the fire was discovered, the Grandchamp exploded with tremendous force. Fire and burning debris spread throughout the waterfront, touching off further fires and explosions in other ships, refineries, gasoline storage tanks, and chemical plants. When the conflagration was over, 500 persons had been Kkilled and more than 3,000 had been injured. The United States paid out considerable sums to victims of the di- saster. The United States then sought to recoup these payments as damages in a negligence case against the Republic of France and the French Line. The evidence revealed that even though ammonium nitrate (which constituted approximately 95 percent of the FGAN) was known throughout the transportation industry as an oxidizing agent and a fire hazard, no one in charge on the Grandchamp had made any attempt to prohibit smoking in the ship's holds. The defendants argued that they should not be held liable because FGAN was not known to be capable of exploding (as opposed to simply being a fire hazard) under circumstances such as those giving rise to the disaster. Did the defendants succeed with this argument