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Read the following court decision TBA Kabehie v. Zoland 102 Cal.App.4th 513 (2002)OPINION link
Review and analyze the court opinion and BRIEF the case. Following the format for “Case Briefing” after page 1008 (Appendix A1 – A2) [revised 27JAN2022] in your textbook. Post your response in about 500 words, total. I will be grading mainly on your characterization of the ISSUES and the COURTS REASONING. The FACTS should be very short. Focus on the breach of contract.
Appendix A. How to Brief Cases and
Analyze Case Problems
How to Brief Cases
To fully understand the law with respect to business, you need to be able to read and
understand court decisions. To make this task easier, you can use a method of case
analysis that is called briefing. There is a fairly standard procedure that you can follow
when you “brief” any court case. You must first read the case opinion carefully. When
you feel you understand the case, you can prepare a brief of it.
Although the format of the brief may vary, typically it will present the essentials of the
case under headings such as those listed below.
1. Citation. Give the full citation for the case, including the name of the case, the
date it was decided, and the court that decided it.
2. Facts. Briefly indicate (a) the reasons for the lawsuit; (b) the identity and
arguments of the plaintiff(s) and defendant(s), respectively; and (c) the lower
court’s decision—if appropriate.
3. Issue. Concisely phrase, in the form of a question, the essential issue before the
court. (If more than one issue is involved, you may have two—or even more—
questions here.)
4. Decision. Indicate here—with a “yes” or “no,” if possible—the court’s answer to
the question (or questions) in the Issue section above.
5. Reason. Summarize as briefly as possible the reasons given by the court for its
decision (or decisions) and the case or statutory law relied on by the court in
arriving at its decision.
For a case-specific example of what should be included under each of the above
headings when briefing a case, see the review of the sample court case presented in
the appendix to Chapter 1 of this text.
Analyzing Case Problems
In addition to learning how to brief cases, students of business law and the legal
environment also find it helpful to know how to analyze case problems. Part of the study
of business law and the legal environment usually involves analyzing case problems,
such as those included in this text at the end of each chapter.
For each case problem in this book, we provide the relevant background and facts of
the lawsuit and the issue before the court. When you are assigned one of these
problems, your job will be to determine how the court should decide the issue, and why.
In other words, you will need to engage in legal analysis and reasoning. Here, we offer
some suggestions on how to make this task less daunting. We begin by presenting a
sample case problem:
While Janet Lawson, a famous pianist, was shopping in Quality Market, she slipped and
fell on a wet floor in one of the aisles. The floor had recently been mopped by one of the
store’s employees, but there were no signs warning customers that the floor in that area
was wet. As a result of the fall, Lawson injured her right arm and was unable to perform
piano concerts for the next six months. Had she been able to perform the scheduled
concerts, she would have earned approximately $60,000 over that period of time.
Lawson sued Quality Market for this amount, plus another $10,000 in medical
expenses. She claimed that the store’s failure to warn customers of the wet floor
constituted negligence and therefore the market was liable for her injuries. Will the court
agree with Lawson? Discuss.
Understand the Facts
This may sound obvious, but before you can analyze or apply the relevant law to a
specific set of facts, you must clearly understand those facts. In other words, you should
read through the case problem carefully—more than once, if necessary—to make sure
you understand the identity of the plaintiff(s) and defendant(s) in the case and the
progression of events that led to the lawsuit.
In the sample case problem just given, the identity of the parties is fairly obvious. Janet
Lawson is the one bringing the suit; therefore, she is the plaintiff. Lawson is bringing the
suit against Quality Market, so it is the defendant. Some of the case problems you work
on may have multiple plaintiffs or defendants. Often, it is helpful to use abbreviations for
the parties. To indicate a reference to a plaintiff, for example, the pi symbol—π—is often
used, and a defendant is denoted by a delta—Δ—a triangle.
The events leading to the lawsuit are also fairly straightforward. Lawson slipped and fell
on a wet floor, and she contends that Quality Market should be liable for her injuries
because it was negligent in not posting a sign warning customers of the wet floor.
When you are working on case problems, realize that the facts should be accepted as
they are given. For instance, in our sample problem, it should be accepted that the floor
was wet and that there was no sign. In other words, avoid making conjectures, such as
“Maybe the floor wasn’t too wet,” or “Maybe an employee was getting a sign to put up,”
or “Maybe someone stole the sign.” Questioning the facts as they are presented only
adds confusion to your analysis.
Legal Analysis and Reasoning
Once you understand the facts given in the case problem, you can begin to analyze the
case. The IRAC method is a helpful tool to use in the legal analysis and reasoning
process. IRAC is an acronym for Issue, Rule, Application, Conclusion. Applying this
method to our sample problem would involve the following steps:
1. First, you need to decide what legal issue is involved in the case. In our sample
case, the basic issue is whether Quality Market’s failure to warn customers of the
wet floor constituted negligence. Negligence is a tort—a civil wrong. In a tort
lawsuit, the plaintiff seeks to be compensated for another’s wrongful act. A
defendant will be deemed negligent if he or she breached a duty of care owed to
the plaintiff and the breach of that duty caused the plaintiff to suffer harm.
2. Once you have identified the issue, the next step is to determine what rule of
law applies to the issue. To make this determination, you will want to carefully
review the text discussion relating to the issue involved in the problem. Our
sample case problem involves the tort of negligence. The applicable rule of law is
the tort law principle that business owners owe a duty to exercise reasonable
care to protect their customers (business invitees). Reasonable care, in this
context, includes either removing—or warning customers of—foreseeable risks
about which the owner knew or should have known. Business owners need not
warn customers of “open and obvious” risks, however. If a business owner
breaches this duty of care (fails to exercise the appropriate degree of care toward
customers), and the breach of duty causes a customer to be injured, the
business owner will be liable to the customer for the customer’s injuries.
3. The next—and usually the most difficult—step in analyzing case problems is
the application of the relevant rule of law to the specific facts of the case you are
studying. In our sample problem, applying the tort law principle just discussed
presents few difficulties. An employee of the store had mopped the floor in the
aisle where Lawson slipped and fell, but no sign was present indicating that the
floor was wet. That a customer might fall on a wet floor is clearly a foreseeable
risk. Therefore, the failure to warn customers about the wet floor was a breach of
the duty of care owed by the business owner to the store’s customers.
4. Once you have completed Step 3 in the IRAC method, you should be ready to
draw your conclusion. In our sample problem, Quality Market is liable to Lawson
for her injuries because the market’s breach of its duty of care caused Lawson’s
injuries.
The fact patterns in the case problems presented in this text are not always as simple
as those presented in our sample problem. Often, a case has more than one plaintiff or
defendant. A case may also involve more than one issue and have more than one
applicable rule of law. Furthermore, in some case problems the facts may indicate that
the general rule of law should not apply. Suppose that a store employee told Lawson
about the wet floor and advised her not to walk in that aisle, but Lawson decided to walk
there anyway. This fact could alter the outcome of the case because the store could
then raise the defense of assumption of risk. Nonetheless, a careful review of the
chapter should always provide you with the knowledge you need to analyze the problem
thoroughly and arrive at accurate conclusions.
