26 Jun How much did you suggest on these questions?
Question
Please answer each question in the IRAC formula (Issue, Rule, Analysis, Conclusion)
1. Peter lives and works in New York. He works for ABC Fireworks. On July 1, 2011 he drove
an ABC Fireworks, Inc. truck on Interstate 90 in New York. He was diabetic and was unable to
take his medication because of heavy traffic. At some point his vehicle was cut off by another
truck with New Jersey plates. Peters directional signal was not working but he had to move into
the passing lane.
Dina, a resident of Pittsburgh, Pennsylvania, was driving her vehicle at 105 mph in the passing
lane. She struck Peters truck which caused an explosion. Dinas car was destroyed by impact
with the fireworks. Her counselor said that Dina did have some anxiety about driving prior to the
crash. He felt that due to her training she was able to drive at high speeds safely before the
accident. However she was so traumatized by the crash that she could no longer drive. Dina
also felt that she should be compensated because she had to sell her house to move closer to a
bus line. Dina refused to provide Peter with her medical records.
Dina filed a lawsuit against Peter and ABC Fireworks Inc. in the divorce court near her house in
Pittsburgh, Pennsylvania. What will Peter argue? What will ABC argue? What will Dina argue?
How will the court rule in this case? Provide legal justification for your decision.
2. Tom owned a computer business. Sue was a friend of Tom and visited him on 7/1/13 when
each consumed 10 beers. Sue offered to sell Tom 10 computers for
$ 50,000. Sue said
that Tom nodded his headed after she made that offer. Sue also agreed to place some illegal
software on Toms computer for $ 10,000.
Tom told Sue that he had a problem with his computer hardware. Sue worked on the problem
for six weeks without telling Tom and had the hardware working perfectly again. Sue stated that
Tom offered to pay for a new house for her if she quit her job. As a result she quit her job, sold
her house and put her belongings in a van so she could move into the new house.
After Tom recovered from his hangover he refused to pay $ 50,000 for the computers, refused to
pay for the illegal software, he also refused to pay for the hardware repairs and refused to pay
for the new house. His ex-friend Sue files a lawsuit? What will Sue argue? What will Tom
argue? How will the court rule in this case? Provide legal justification for your decision.
3. Al worked for "California Krak Corporation" for twenty years. Krak is the only supplier of a
portable medical machine. Al was working at home on the weekend when he invented a new
version of the machine. Al obtained the legal rights for the new machine. Al’s supervisor did not
think Al’s machine would be a successful product and refused to produce it. Al was very aware
of Krak’s confidential formulas. He also knew how to use Krak’s special made XXX machinery
and computer programs. Krak owned the legal rights to the XXX machinery and computer
programs.
Al knew that he had a great opportunity. He also knew that Krak was making a bad decision. Al
made copies of Kraks formulas, computer programs and machinery. He also made copies of
Krak’s customer list. Al then convinced Tom to leave the Krak marketing department prior to the
end of his contract. Tom and Al had both signed a contract that stated that they would not work
in the medical field for five years in the United States after they left Krak.
Tom and Al started a new company "California Kracked Corporation." They were very
successful selling the new machine as Krak’s customers broke their contracts to buy Al’s
machine. The new machine was so successful that Krak also began to sell it. California Krak
Corporation filed a lawsuit against Al.
What will Al argue? What will California Krak Corporation argue? How will the court rule in this
case? Provide legal justification for your decision.
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