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This will be an essay in Business Law class. Make sure you are familiar with business law and IRAC format.

Requirement: Specific Instructions on How To Write the Papers. Attached to this instruction sheet are three factual situations and questions. You will answer these questions using the IRAC format. Additionally, in all three of the factual situations a case is listed that you will use to develop the rule in your IRAC analysis. The process you will use in this assignment is discussed in more depth below: 1. In factual situations one case is cited. Therefore you should follow the following steps:

A. Locate, copy and brief the case listed in each factual situation (pay particular attention to how the case ruled on situations similar to the factual situation presented to you);

B. Write an answer to each question presented in factual situation NO.1 (It is uploaded below) using the following rules:

a. Use the IRAC method (Issue, Rule, Analysis & Conclusion) in your answer. Assume that the question presented in each factual situation is the issue presented;

b. Cite specific language in the cases(It is uploaded as a file) for the “Rule” (i.e., the law) to be used in analyzing the facts in your answer. Use the following rules in citing these cases:
Proper citation format: Assuming you were citing the Li case and using language on p. 811, the language and the accompanying citation would be as follows:

“It is in view of these theoretical and practical considerations that to this date 25 states, have abrogated the “all-or-nothing” rule of contributory negligence and have enacted in its place general apportionment statutes calculated in one manner or another to assess liability in proportion to fault.” Li v. Yellow Cab (1975) 13 Cal.3d 804, p. 811.

In other words, the format is as follows: “[wording contained in the case that you are using]” [Case Name, which will be underlined], (year of the case), Vol. #, name of volume (i.e., Cal. Rprt, Cal. App. Etc…), the page number the case starts on, and finally the page number the wording being used is located on.

C. In addition to writing your answers, please attach copies of all of your briefs in your final submission.

Factual Situation No. 1
You are an attorney, and Ms. Smith has hired you to file a law suit involving a car accident she was in. The lawsuit would be against the other party in the accident, Mr. Jones. Ms. Smith has provided you with two documents. They are a police report, and a summary of her damages.
The police report lists the following facts: Smith ran a red light and entered an intersection. Mr. Jones, in a second vehicle, had entered the intersection on a green light. Smith swerved to miss the car driven by Jones, went off the road, and rolled over several times. Smith’s car was completely destroyed and Smith sustained substantial injuries. Jones was able to immediately stop, and neither his vehicle nor Jones sustained any damages or injuries. Nevertheless, the officer did conclude that Jones had been traveling at an unsafe and excessive rate of speed and this had a marginal contribution to the accident. His overall assessment was that Smith, your client, was responsible for 80% of the accident and Jones, the defendant, was responsible for 20%.
Ms. Smith’s summary of damages lists the following: Ms. Smith has sustained medical expenses in the amount of $70,000, pain and suffering damages in the amount of $20,000 and loss of her vehicle in the amount of $10,000. Therefore, total damages are in the amount $100,000.
Assume the information provided in the police report and the summary of damages are accurate (including the officer’s assessment of the percentage of fault for both Smith and Jones). Further assume that the case would be filed in California and based solely on California law.
Given these assumptions perform the following:
1. Brief the case of Li v. Yellow Cab (a copy of the case is located on Canvas); and
2. Based on the law you find in that case answer the following question using the IRAC format (please cite to Li v. Yellow Cab in the rule section of your answer):
If Ms. Smith were to prevail in a negligence action against Mr. Jones, what would she recover in damages, if anything, and why?