Question

James Harden and Russell Westbrook enter into a partnership to own a restaurant, named Brody and...

James Harden and Russell Westbrook enter into a partnership to own a restaurant, named Brody and the Beard. After work one day Harden was called back to the restaurant to help in the kitchen. He brought his two-year-old son named Houston and let him play in dining room as Harden helped in the kitchen. While Harden was assisting in the back office, Houston wandered into the kitchen and put his hand on one of the commercial ovens and burning his hand badly – potentially causing permanent injuries. Houston’s mother filed a lawsuit against Brody and the Beard, the partnership and both owners for negligently managing the restaurant and causing the injury to Houston. Westbrook filed a complaint arguing that he was entitled to be reimbursed by Harden for Harden's negligence.

Using the IRAC Method, create a case brief this potential case. As the name suggests, your brief should include --

  • Issue: what is the likely legal issue in the case?  
  • Rule: what rule likely to be applied in the case?
  • Application (or Analysis): how should a court apply the relevant rule?
  • Conclusion: what will the final ruling or conclusion likely be?

Homework Answers

Answer #1

Adopting IRAC method

I - stands for issue that is in case:The issue is of negligence in managing the restaurant resulted in the injuries to Houston who is the son of plaintiff.

R: Rule likely to be applied in the case: The suit filed cannot be filed against partnership firm

As it is the personal duty of partner to take care of his son . The siblings are not allowed at workplace . The partnership contract does not allows any sort of facility to takecare of siblings.

Analysis: The partnership firm is not supooed to pay any compensation to the plaintiff.

c stands for conclusion: No compensation should be paid as it is not the case of negligence by the firm

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