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IRAC Issues Law Assignment

   

Added on  2020-04-07

6 Pages1399 Words120 Views
IRAC 1Issues: In the present question, there are several issues that need to be decided. Therefore on the basis of the facts that have been provided in this question, the issue arises ifMichelle had a duty of care towards Rebecca. Rule: The duty of care is related with the circumstances and the relationships in which it hasrecognized by the law as resulting in a legal duty to take care. On the other hand, if such care isnot taken, it may result in the liability of the defendant to pay damages to the other party, towhom injury or loss has been caused as a result of such breach of duty (Topp v London CountryBus, 1993). Hence, in such cases, the claimant is under a legal obligation to establish that thedefendant had a duty of care. To find out the presence of duty of care in cases involving personalinjury or damage to property, the neighbor test is used. This test was originally provided by LordAtkins in Donahue v Stevenson (1932). Application: In the present case, it can be said that it was reasonably foreseeable for Michellethat her actions may result in causing injury to Rebecca. Any driver would have known that incase of an accident, the passenger may suffer serious injuries.Conclusion: The conclusion regarding this issue is that Michelle had a duty of care towardsRebecca. IRAC 2Issue: It also needs to be seen if these duty of care has been breached by Michelle.Rule: According to this test, there should be reasonable foresight of harm, and a relationship ofproximity should also be present between the parties (Overseas Tankship Ltd. v Morts Dock &Engineering Company Ltd., 1961).

While deciding if the defendant had a duty of care towards the plaintiff, there are a number oflegal principles that considered by the court (Bourhill v Young, 1943). For this purpose, theplaintiff is required to establish that the:-Defendant had a duty of care to the plaintiffThere has been a breach of such duty by the defendant; andThe plaintiff had suffered an injury or a loss due to the actions of the plaintiff whichresulted in the breach of such duty.Application: The standard of care that can be applied in this case required Michelle to be carefulwhile driving the car. But Michelle was quite drunk when she was driving the car. She had takena lot of wine before the show. Hence, the standard was not met and as a result, there was abreach of the duty of care.Conclusion: it can be concluded in this case that Michelle had breached the duty of care. Thatwas imposed on her.

IRAC 3Issue: If the injuries suffered by Rebecca have been caused as a result of the actions of MichelleRule: The issue in this question is related with causation. The law provides that there should be aconnection present between the alleged negligence on the part of the defendant and the houndthat has been suffered by the plaintiff. However, this is a question of fact. A particulararticulation related with causation is the "but for" test. It has to be seen if but for the actions ofthe defendant, the harm suffered by the building would not have taken place.Application: in this case, Rebecca has suffered serious injuries and broken her leg when the carbeing given by Michelle met with an accident. In this case, Michelle was driving the car underthe influence of liquor. Hence it can be said that Michelle was negligent while driving the car.Similarly, the injuries suffered by Rebecca can be described as the direct result of the negligenceof Michelle in driving the car under the influence of liquor. Hence, the injuries suffered byRebecca were the direct result of the Michelle’s negligence.Conclusion: It can be concluded in this issue that the injuries of Rebecca were directly caused bythe negligence of Michelle.

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