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Writing a law papers is quite challenging for many students. It involves making a lot of arguments that have to be backed by evidence. Students need to support their point of view with sound academic sources to prove their understanding of the topic or concept that they write about. As these requirements are difficult for most students and they have to spend many hours to master them. For instance, you need to make reference to past judgments. As such, the help of professional business law essay writers may come in handy to assist in creating a winning essay.
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Introduction – Where you introduce what you are going to write about in your business law essay.
Thesis statement – Which is found at the end of the introductory paragraph. It states the main idea of your paper.
Body paragraphs – The majority of the content of your paper lies here. You needed to present each idea in a separate body paragraph. Begin with a topic sentence, make your arguments or claims and support with credible academic sources, and finally make a brief conclusion, expressing your main thought about the paragraph.
Conclusion – The conclusion is the last part of your business law writing assignment. You provide a summary of the key points in your essay. You also need to make a final statement about the content of your paper.
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IRAC Analysis
Important Issue Identification
Gregg broke into a fireworks factory and caused an accident that led to the explosion of fireworks. The explosion severely injured him. Furthermore, the explosion made a telephone pole fall, and coincidentally, it fell on a limousine in which Taylor Swift and her driver were traveling. The important issue in the case is whether the fireworks company was responsible for the injuries suffered by both Gregg and Taylor swift. Since the injured parties sued the fireworks manufacturing company, it is the court’s responsibility to determine whether the company was responsible for the injuries that each of the plaintiffs suffered. Furthermore, this case may be considered a civil one since it involved negligence.
Important Law and Rule Identification
The important law surrounding the case is negligence. Negligence may be defined as the failure to exercise the proper and ethical care that one is expected to exercise in certain circumstances. Negligence involves harm that occurs because a given party acts carelessly. However, certain conditions have to be met for negligence to be proved in a court of law. One of these elements is a duty. The outcome of a negligence case depends on whether the defendant owed a duty of care to the plaintiff. Such duties occur if the law finds that a relationship exists between the plaintiff and the defendant. Under such circumstances, the defendant is expected to act in certain ways, including having a standard of care. Therefore, it is the role of the judge to determine whether a duty of care exists to determine whether a case is valid or not.
Furthermore, another element of negligence is the breach of duty. It is not sufficient for one to prove that the defendant owed the plaintiff a duty of care. A lawyer must prove that the defendant breached his or her duty to the plaintiffs. Defendants breach such duties when they fail to exercise reasonable care when undertaking their duties. Furthermore, it is the responsibility of a jury to determine whether the defendant owed the plaintiff a duty of care, which tends to be a question of fact. Cause-in-fact is another key element of negligence. Based on this element, the law requires the plaintiffs to prove that the omissions or actions of the defendants are the primary causes of the injuries that the plaintiff experienced. For a negligence case to succeed, lawyers need to prove that without the defendant’s actions, the plaintiff would not have suffered from the injury.
Proximate cause is another critical element of negligence, and it is related to the extent of the defendant’s responsibility. In a negligence case, the defendant is considered responsible for the harms that he or she ought to have foreseen through his or her actions. Therefore, under such circumstances, if the damage that the defendant causes is not within the scope of the various risks that they could have foreseen, the plaintiff may not prove that the defendant’s actions were the proximate cause of the damages that the plaintiff suffered.
The final element in negligence is damage. In a negligence case, the plaintiff is required to prove that harm that is legally recognized occurred. These may include physical harm. The defendant’s failure to exercise the appropriate care needs to have caused damages to an individual that the defendant owed a duty of care. For the negligence case to succeed in a court of law, the plaintiffs must prove that the actions or the omissions of the defendant led to the plaintiff’s damages.
Application of Laws and Rules Discussion
Based on these elements of the law of negligence, one may be able to determine the chances of a negligence case succeeding in a court of law. One of the main requirements is that the defendant owes the plaintiff a duty of care. Gregg had broken into the fireworks factory to steal. The injuries that he suffered were the result of his illegal actions, including trespassing. Therefore, the fireworks company did not owe him any duty of care. However, the fireworks company owed a duty of care to Taylor swift she suffered her injuries at a public place located next to the factor. The company needs to have practiced sufficient care, including ensuring its facilities are properly secured from intrusion and properly stored fireworks. Had it practiced this duty, the incident would probably not have occurred.
Furthermore, the company appears to have breached its duties, particularly towards Taylor Swift, but not Gregg. The defendant failed to exercise reasonable care, including securing the manufacturing facility and ensuring that the explosive fireworks were properly secured. For instance, the alarm malfunctioned; yet, the company was responsible for ensuring that the alarm system worked considering the nature of its manufactured products. Gregg may not claim there was a breach of duty, considering he was the one who had entered the facility illegally.
Additionally, Taylor Swift may support her case by arguing that the defendant’s actions caused her injuries. The company failed to take the appropriate measures to secure the facility. However, the defendant may counter the claim by stating that Gregg’s action led to the accident. Nevertheless, Gregg may not prove his case based on the claim since his actions were the direct cause of the injuries that he suffered. Had he not broken into the factory, the accident that caused his injuries would not have occurred.
Besides, the case had legally recognized damages, which included physical harm to Taylor Swift, her driver, Gregg, and the limousine. Therefore, both parties may argue that the failure of the defendant to practice reasonable care led to the damages that the people the company owed a duty of care suffered. However, since the company did not owe Gregg a duty of care, he may not use it to prove that the company was negligent.
Conclusion
Therefore, based on the analysis, it is evident that the negligence case that Gregg filed has low chances of succeeding. However, the one that Taylor swift filed has high chances of succeeding. The case that Gregg filed lacks all the basic elements of negligence, partially because of his illegal actions. Therefore, he may not prove that the company’s negligence led to the injuries that he suffered. However, for Taylor Swift, the various elements of negligence are applicable in her case; thus, she can prove that the failure of the company to exercise reasonable care led to her injuries. Therefore, the negligence case against the fireworks company can succeed.
Works Cited
Clarkson, K. W., et al. Business Law: Text and Cases. Cengage Learning, 2014.