This method is called the \"IRAC\" analysis. For this assignment you will need t

Question

This method is called the "IRAC" analysis. For this assignment you will need to have 1 reference page. Please note that for each question you will need to provide a separate "IRAC" Analysis. Please provide a separate heading for each question (ie. Question 1 IRAC). Make sure that you include the Issue, Rule, Application of the Rule and the Conclusion for each question. Also make sure that you label them so that I know when you are discussion the Issue, Rule, Application of the Rule, and the Conclusion for each question. Incomplete analysis of questions will result in a deduction of points.

Adam steals from Business Resources, Inc., ten computer hard drives, which Adam sells to Computer Products Corporation (CPC). Unaware that the drives are stolen, CPC reconditions them and sells them to Direct Marketers, Inc. With the reconditioned drives, CPC gives Direct Marketers a written statement that disclaims “any and all warranties.” Business Resources learns that Direct Marketers has the drives and de­mands their return. Direct Marketers gives the equipment to Business Resources and files a suit against CPC. Will Direct Marketers succeed in its suit? Why or why not?

Explanation / Answer

Answer:

IRAC Format : This is standard format which is followed in the legal writing practice – which stands for I = Issue, R = Rule, A= Application and C = Conclusion

We need to mention this format in this answer as below

The IRAC answer for the suit for the steal and sale of computer materials.

Issue: Direct Marketers has filed a suit against CPC for the sale of stolen material to them, now we need to see if the Direct Markets will succeed in their suit against CPC.

Rule: The business is not legally authorize to buy and sale the stolen material and the business is required to purchase the raw material/finished material from the legally authenticate supplier or service providers only. The vendor/supplier needs to be legally approved for selling the products in the market. This is to be ensured by the buyer or purchaser. Thus sale or buy of stolen material is illegal and legal actions can be executed against such parties.

Application: As per application of the above rule of purchase of material from legally approve parties, the Direct Marketers is right in their approach of suit for CPC, as CPC has not ensured that they have purchased the material from legally approved supplier and they do not have any warranty/disclaimer for the purchased material. CPC need to ensure that the material they are purchasing from Adam needs to be valid and legal.

Conclusion: So based on the above rule’s application, the suit will be in favor of Direct Marketers because CPC does not comply with the legal purchase standards and CPC is on fault in writing because CPC does not followed the legal practice of material purchase and sale. And CPC has given in written to Direct Marketers on the disclaimer of the parts they sold to Direct Marketers, which is illegal against the law. Hence hearing will be in favor of Direct Marketers.   

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