Using IRAC Method in Tort Law Problems
Erin runs a pleasure boat, The Southern Belle, taking holidaymakers along the south coast. She wishes to make as many trips as possible each day to maximise her profit. Erin generally checks the boat for damage after each trip but one day she has no time to make the customary checks before the boat sets off. She does not notice that there is a hole in the hull of the boat, which was made when the boat hit a rock on a previous trip. The boat begins to take on water at a fast rate. The holidaymakers are forced to abandon ship and they are swimming in the sea. Some of them do not have time to put on life belts and two people, Rio and Anya, drown before help can arrive. Wayne, a passenger on the boat had tried to rescue Rio but failed. Rio’s fiancée, Sneha, watches from the shore as Rio’s body is lifted from the water. Anya’s husband, Zak, receives a call from their daughter, Pippa and rushes to the hospital mortuary, where Anya’s body has been taken. She has been cleaned up a little, but there is still oil and seaweed attached to her body. Sneha, Wayne and Zak suffer mental breakdowns. Advise Erin of her liability for the events.
To approach this tort law problem using the IRAC method, we can follow these steps:
Issue: The issue in this case is to determine Erin’s liability for the events that occurred during the boat trip, including the drowning of two passengers (Rio and Anya) and the resulting mental breakdowns suffered by Sneha, Wayne, and Zak.
Rule: The relevant rule in this case is negligence. Negligence requires the following elements to be established:
- Duty of Care: Erin owes a duty of care to the passengers aboard The Southern Belle to ensure their safety during the boat trips.
- Breach of Duty: Erin breached her duty of care by failing to check the boat for damage, specifically the hole in the hull, which ultimately caused the boat to take on water and endangered the passengers.
- Causation: a. Factual Causation: Erin’s failure to notice the hole in the hull was the factual cause of the boat taking on water and the subsequent events. b. Legal Causation: It must be established that Erin’s breach of duty was the proximate or legal cause of the damages suffered by the passengers and their resulting mental breakdowns. This requires determining whether the damages were reasonably foreseeable consequences of Erin’s negligence.
- Damages: Rio and Anya drowned as a result of the boat sinking, and Sneha, Wayne, and Zak suffered mental breakdowns.
Application: In this case, Erin, as the operator of The Southern Belle, had a duty of care towards the passengers. By failing to conduct the customary checks and not noticing the hole in the hull, Erin breached her duty of care. This breach was the factual cause of the boat taking on water and sinking, leading to the passengers swimming in the sea and the subsequent drowning of Rio and Anya.
It can be argued that the damages suffered by Sneha, Wayne, and Zak were reasonably foreseeable consequences of Erin’s negligence. Witnessing the drowning of a loved one and dealing with the aftermath, including Sneha watching Rio’s body being lifted from the water and Zak seeing Anya’s body covered in oil and seaweed, can cause severe emotional distress. Therefore, Erin’s negligence directly resulted in the mental breakdowns suffered by Sneha, Wayne, and Zak.
