IRAC Assignment Essay

Li pull up stakes go about to prove she was the victim of wise to(p) torts by her teacher Mr. Billups. At coach, Li was laid in a cage for the day to reenact how Americans reacted to the events of Pearl Harbor. Li will shoot Mr. Billups of intentional infliction of emotional distress and false imprisonment. Being placed in a cage for the day will be considered an ill-considered amount of time, and being put in the cage with the other foreign born students from her class will show emotional distress.NegligenceLi will attempt to prove the four elements of negligence against Mr. Billups for his previously give tongue to actions. The elements call for are duty of care, failure to protect from harm, ca purpose of the harm, and damages, which in this case are psychological and physical. After review of the actions taken by Mr. Billups, it seems Li will be able to show the four elements required for negligence. Lis ParentsRespondeat Superior/ScienterLis parents will attempt to att ach liability to the school district which employs Mr. Billups, claiming respondeat superior. Lis parents will claim that Mr. Billups inappropriate and harmful actions were performed within the course and ambit of his employment at the school, therefore leaving the district which employs him partially responsible or at fault. As Mr. Billups employer, the school district had every hazard to put an end to the gross reenactments of events in American history which shoot taken place in Mr. Billups class even before the just about recent incident involving Li. In addition, scienter can be employ by Lis parents because at the very least, the principal of the school should have know about Mr. Billups demeaning antics. Mr. BillupsTort DefensesMr. Billups will attempt to use tort defenses including assumption of risk, superseding/intervening cause, and contributory negligence. By move their child to school, Lis parents assumed the risk of their child active in educational activities in history class. The school district is partially to blame as well because they must have heard/kn ownabout the practices Mr. Billups uses to teach his students. In addition, Li and the other foreign students contributed to their own negligence by attending Mr. Billups class and agreeing to be put in a cage in class.ScienterLis parents, Li herself, and the school district all should have known of the reenactments performed in Mr. Billups class, proving scienter. discipline DistrictRespondeat SuperiorThe school district which employs Mr. Billups will claim the childs play and detour defense to respondeat superior. Their claim will be that Mr. Billups was acting extraneous the rules and regulations set forth by the district, and that they could not have possibly seen forwards of time the inappropriate actions Mr. Billups performed in his classroom. Conclusion The court will use the reasonable person test and likely find for Li and her parents.