Unintentional Business Torts & Negligence

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Thomas Moore was driving an E-Z-Go golf cart to transport guests at a Christmas party. The golf cart did not have lights, but E-Z-Go did not warn against using it on public roads at night. When Moore attempted to cross a road from the club house to the parking lot at 8:30 pm., his gold cart was struck by a vehicle driven by Joseph Maloney who claimed he could not see the cart due to the dark light conditions. Moore was parallelized because of the accident and has sued E-Z-Go. Use F-IRAC to analyze the Strict Product Liability claim.

F-IRAC /5 pts

Facts/ 5 pts

ISSUE: Write an issue statement which identifies the legal basis for this claim and connects it to a pinitol fact . /20 pts

RULE: Based on your issue statement write the rule statement. This statement must cover the general rule, elements and defenses /50 pts

ANALYSIS: Write your analysis. Remember this is a discussion of both sides of liability based on social responsibility, rules, elements and defenses as applied to facts. Following your fact summary, start your analysis with the social engineering underpinning of Escola and Greenman. Here you will either include a general rule statement or follow with a general rule statement before moving on to elements and defenses. It is important to use case authority to help explain the application of the rules, elements and defenses. /100 pts

CONCLULSION: Write a conclusion which mirrors your issue statement and includes a “why statement linking conclusion to an element, defense and fact. /20 pts

More Instructions

F-IRAC: Proper form of Facts; ISSUE:, RULE:, ANALYSIS:, and CONCLUSION:

Facts: Provide a sufficient fact summary to give detailed analysis

ISSUE: Does it provide the legal theory, party(s) or actor(s) and connect to a fact which triggered the issue?

RULE: State the General Rule, provide elements and defenses in prose. Should not include case citations, names or facts.

ANALYSIS: Start with or present a brief introduction of the Facts and Issue. If it is a complex series of rules to apply consider using an separate paragraph to introduce the rule and elements to be covered. Compare and weave the facts of this case with the General Rule, Elements, Defenses, Prior case law and authority and present any policy issues deemed important to understanding the legal theory.

CONCLUSION: Use proper terminology of legal conclusion using a because or why statement (often a fact and an element or defense which is determinative of conclusion)