Torts and Damages Law (United States) Using The IRAC Form (Essay Sample)
This paper is A case study applying the principles of torts and damages. It identifies an issue, gathered relevant data, analyzed, the proposed a recommendation on a court's decision. to provide an exerpt, "Anne ran over a child who was crossing the street, which unfortunately resulted in death. On the one hand, the child was only crossing the street and was not aware of any possible danger. As described in the case, the victim is below what the law considered as legal age, giving the child greater protection of the law (Maher 493). On the other hand, Anne could have been careful and responsible enough to abide by what the local authorities set as the speed limit through road signage, which Anne saw herself, and therefore was aware of. Such caution, which Anne disregarded refers to what the tort law considers a prudent person would use under similar circumstances. Anne is liable for damages under the Torts law."
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Torts and Damages Law (United States) Using The IRAC Form
ISSUE
Anne was running late from New York City to New Jersey to meet her sister. In her desire to reach her destination at the time agreed upon, she drove at 80 mph, which is beyond the speed limit of 55 mph. As a result, Anne accidentally ran over a child who was crossing the street that caused immediate death. Is Anne liable for damages under Torts Law?
RULE
Anne exhibited negligence, which according to the Black's Law Dictionary is "the failure to observe carefulness that a reasonably prudent and responsible person would use under similar circumstances" (Black 1032). In the United States, negligence is a common cause of an accident, such as what happened in Anne's case. The rule of court provides that when reckless conduct caused injury, death, or damage to property of someone, the actor could probably have violated the torts law (McCurdy & Robinson 13). Tort law covers most civil cases to give justice to a wrongful act done to a person, usually through monetary compensation (Hayes 1). When someone commits a tort, there is corresponding damage that is the legal term used to refer to “the amount of money that the law requires the wrongdoer to compensate the victim for damages” (Legal Information Institute 2).
ANALYSIS
Driving beyond the acceptable speed limit, Anne ran over a child who was crossing the street, which unfortunately resulted in death. On the one hand, the child was only crossing the street and was not aware of any possible danger. As described in the case, the victim is below what the law considered as legal age, giving the child greater protection of the law (Maher 493). On the other hand, Anne could have been careful and responsible enough to abide by what the local authorities set as the speed limit through road signage, which Anne saw herself, and therefore was aware of. Such caution, which Anne disregarded refers to what the tort law considers a
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