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Use the IRAC Formula

Use the IRAC Formula to cover the rule of law and apply it to the situation

Colt Firearms Company manufactures a new pistol. The firing of the pis­tol depends on an enclosed high-pressure device. The pistol has been thoroughly tested in two laboratories in the Midwest, and its design and manufacture are in accord with current technology. Don buys one of the new pistols from Eagle Gun Emporium. When Don uses the pistol in the high altitude of the Rocky Mountains, the difference in pressure causes the pistol to misfire, injuring Don. Colt can prove that all due care was used in the manufacturing process, and it refuses to pay for Wayne's in­juries. On what ground might Don most successfully base a suit against Colt to recover for his injuries?

Limit answers to approximately two paragraphs. Use the IRAC formula to address the situation. Cover the rule of law and briefly apply it to the situation.

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Solution Preview

There are a couple of issues that may arise out of this particular situation:

1) Negligence

Issue A: Was there a duty to make a safe gun?
Issue B: Was there a breach of this duty?
Issue C: Was the harm caused forseeable?
Issue D: Did the harm occur to a forseeable user?

Rule: Manufacturers of good have a duty to make guns safe for forseeable uses in places ...

Solution Summary

Again, this job uses the IRAC Formula to cover the rule of law and apply it to the situation.