Reference no: EM133205628 , Length: 2 pages
Description
Bowen-Rodgers Hardware Company was engaged in the business of furnishing materials for the construction of buildings. It delivered a quantity of materials to property owned by Ronald and Carol Collins. The materials were for the use of a contractor who was building a home fo the Collinses as we as several other houses in the area. The hardware company was not paid for the materials by the contractor, and it sought to obtain a mechanic's lien against the Collinses' property. The Collines claimed that even though materials were delivered to their home they were actually used to build other houses in the area.
Was the Collinses' property subject to mechanic's lien because payment had not been made for materials delivered to it? Please respond fully using IRAC method. Case Briefs:
- Briefs are one-page long per case or problem (single space, Times New Roman Font size 12). Students are required to submit the briefs on or before the class in which the relevant materials are taught. Canvas modules include the deadline for submission of briefs.
To brief cases, case problems and questions, use the following "IRAC" format:
o ISSUE: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. "Has there been a false imprisonment if the plaintiff was asleep at the time of 'confinement'?") rather than general. Most cases present one issue. If there is more than one issue, list all, and give rules for all
issues raised.
o RULE: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff.) not a conclusion to the particular case being briefed, (e.g. "The plaintiff was negligent.")
o APPLICATION: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.
o CONCLUSION: That was the result of the case? With cases, the text gives you a background of the facts along with the judge's reasoning and conclusion. When you brief cases, you are basically summarizing the judge's opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge's opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format.