Transcript Document

IRAC

Broad and General

• Issue • Rule • Application/Analysis • Conclusion

Narrow and Specific

***The substance of the following material should not be used for your classes. They do not conform to the law of your casebook or that

Created by Laurie Zimet, UC

of your professor. Please use this material ONLY as a guide to creating your own.

Hastings College of the Law

IRAC cont.

I

SSUE: Is there an offer?

DEFINITION OF AN OFFER: An offer is a promise from the offer or that manifests the party’s commitment to take some action in exchange for a return promise or performance from the other party ***The substance of the following material should not be used for your classes. They do not conform to the law of your casebook or that

Created by Laurie Zimet, UC

of your professor. Please use this material ONLY as a guide to creating your own.

Hastings College of the Law

IRAC cont.

R

ULE: To Determine if an Offer is present

1. Has an offer been communicated?

2. Do we have certainty of terms?

3. Is there a commitment/promise?

***The substance of the following material should not be used for your classes. They do not conform to the law of your casebook or that

Created by Laurie Zimet, UC

of your professor. Please use this material ONLY as a guide to creating your own.

Hastings College of the Law

IRAC cont.

Rule

A

pplication/

A

nalysis: Certainty

Rule for Certainty: a. Has offer been Fact/case for terminated?

Yes No b. Is there consideration?

Fact/case for Yes No c. Has the offer been accepted?

Fact/case for Yes No ***The substance of the following material should not be used for your classes. They do not conform to the law of your casebook or that

Created by Laurie Zimet, UC

of your professor. Please use this material ONLY as a guide to creating your own.

Hastings College of the Law

C

onclusion

YES

A contract: make sure it is not void.

(Give a fact example)

NO

Does promissory estoppel apply?

NO – there are other ways to enforce.

YES – we can enforce the contract ***The substance of the following material should not be used for your classes. They do not conform to the law of your casebook or that

Created by Laurie Zimet, UC

of your professor. Please use this material ONLY as a guide to creating your own.

Hastings College of the Law