IRAC Assignment Essay

Li bequeath try to prove she was the victim of lettered torts by her teacher Mr. Billups. At prepare, Li was dictated in a cage for the day to reenact how Americans reacted to the events of Pearl Harbor. Li will inculpate Mr. Billups of intentional infliction of emotional distress and false imprisonment. Being placed in a cage for the day will be considered an preposterous amount of time, and being put in the cage with the other contrasted 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 say actions. The elements inevitable are duty of care, failure to protect from harm, ca social function 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 attach 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 cathode-ray oscilloscope of his employment at the school, therefore leaving the district which employs him partly answerable or at fault. As Mr. Billups employer, the school district had every chance to put an end to the gross reenactments of events in American history which have got taken place in Mr. Billups class even before the approximately recent incident involving Li. In addition, scienter can be utilise by Lis parents because at the very least, the principal of the school should have cognize 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 displace their child to school, Lis parents assumed the risk of their child activ e in educational activities in history class. The school district is partially to blame as well because they must have heard/kn suffer about 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. naturalise DistrictRespondeat SuperiorThe school district which employs Mr. Billups will claim the playing period and detour defense to respondeat superior. Their claim will be that Mr. Billups was acting foreign the rules and regulations set forth by the district, and that they could not have possibly seen ahead(predicate) 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 pa rents.