IRAC Method Law Essay Research Paper Coursework Essay

IRAC Method
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Analysis of the Case Aleo Vs SLB Toys USA
Issue: The issue at hand is whether toy retailer Toys R Us was grossly negligent as it was initially identified by the Jury and then reaffirmed by the Massachusetts Supreme Court. The toy retailer was sued by the family of the deceased, Aleo who died after sliding head first into an inflatable swimming pool that had been imported and sold by the company. The toy retailer had not tested the slide as mandated by the federal safety standards.
Rule: As per the facts provided, the toy retailer was in breach of the implied warranty of merchantability. The legal concept is in relation to the fact sellers are better positioned to know whether their products will perform as expected. As such, it encourages and requires sellers to thoroughly examine the quality of their commodities before putting them up for sell. From the case facts, the toy retailer failed to conduct the mandatory safety tests and which would have allowed it to identify that the item being sold had not met the recommended standard in that such pool slides should support up to 350 pounds.
Application: Both the Jury and the Supreme Court ruled that the toy retailer had been grossly negligent for failing to conduct the mandatory tests on the pool slide before putting it on sale.
Conclusion: The trial court’s decision that the toy retailer was grossly negligent and as such caused the death of Aleo was upheld by the appellate court. Additionally, the courts awarded the deceased’s husband compensatory and punitive damages to the tune of $2640000 and $18 million respectively.
Questions
1 What is gross negligence? What distinguishes it from ordinary negligence?
Gross negligence results from a lack of care, recklessness and voluntary disregard of reason and in the process jeopardizing the safety and lives of other people. Gross negligence can also result in substantial losses or destruction of property. Fogt (20...