C H A P T E R

22

THE IRAC
METHOD

A. PURPOSES OF IRAC
B. IRAC COMPONENTS
1. Issues
2. Rules of Law
3. Application of the Law to the Problem’s Facts
4. Conclusion

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CHAPTER OVERVIEW
The IRAC chapter focuses on the writing style used for the discussion portion of the memo. IRAC is an acronym for Issue, Rule, Application,
Conclusion. These are the building blocks of a memo’s discussion. You will learn to identify issues and applicable legal authority. You will also learn how to extract the legally significant facts and apply them to the relevant law to draw substantiated conclusions. You will learn to identify effective IRAC use by dissecting discussions and labeling the IRAC components, and you will learn to draft IRAC sequences as well.

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A. PURPOSES OF IRAC
! What Is IRAC?
IRAC stands for Issue, Rule, Application, Conclusion. IRAC is the architectural blueprint for the discussion portion of a legal memo. It gives legal writing continuity and clarity and organizes the contents of the discussion. IRAC provides legal support and analysis for the issues posed by the problem and guides the writer toward a well-supported conclusion. IRAC benefits both the writer and the reader because the components are essentially a checklist designed to ensure that the discussion is analytically well thought-out and that it contains the necessary legal authority. IRAC is very important because it lets the reader see the particular legal point being addressed, the relevant legal rule, the application of the law to the facts, and the conclusion. It is formula writing in the same way that formula movie romances, westerns, and thrillers are.
The predictability of the IRAC format enables the reader to obtain the information quickly.

The CUNY Law School Writing Center Web site has handouts on using the
IRAC format at www.law.cuny.edu/wc. Click ‘‘For Students.’’ Then click the ‘‘Resources on Specific Writing topics’’ link and then the ‘‘IRAC’’ link.

B. IRAC COMPONENTS
Each IRAC sequence is composed of an issue, which is really a legal element or component; the legal rule or holding from a case or statutory authority; the application, which is a demonstration of how the legal authority applies to the problem that you are writing about; and the conclusion, the final assessment of how the rule applies to the facts of your problem.
! What Does an IRAC Paragraph Look Like?
This fact pattern forms the basis of the IRAC paragraph example.
On August 7, 2011, Ms. Howard went to Rough & Tough Pawn Shop in
Chicago to obtain a loan using a diamond ring as collateral. Rough &
Tough loaned Ms. Howard $800, and she agreed to pay $75 per month for a total of 13-1/2 months. Ms. Howard knew that she would have to pay

B. IRAC COMPONENTS

off the balance of $1,025 in 12 months because at that time Rough &
Tough would have the right to sell the ring. On September 11, 2011,
Ms. Howard received a postcard from Rough & Tough stating that it was selling the shop and all of its assets to Able Pawn. Mr. Sam Able would assume the business of Rough & Tough, including all pawned items and outstanding loans. On the bottom of the postcard was a notice stating; ‘‘If you want your item, please pick it up by September 29, 2011, and pay off your note by September 29, 2011. Because Ms. Howard did not have the money to pay off the note, she decided to pay Able Pawn the
$75 per month once the loan was transferred in the sale. In October 2011,
Able Pawn was robbed and all the jewelry, including Ms. Howard’s ring, was stolen. Able Pawn had a security alarm system and a guard dog to protect the property, but the robbers were able to circumvent these obstacles. We will work through the following sample IRAC paragraph, based on the Howard fact pattern, and its components to illustrate how to draft an IRAC paragraph.
(I) Whether a bailment for the mutual benefit of Rough & Tough and
Howard existed. (R) A pawn is a form of bailment, made for the mutual benefit of bailee and bailor, arising when goods are delivered to another as a pawn for security to him on money borrowed by the bailor. Jacobs v.
Grossman, 141 N.E. 714, 715 (Ill. App. Ct. 1923). In Jacobs, the court found that a bailment for mutual benefit arose because the plaintiff pawned a ring as collateral for a $70 loan given to him by the defendant.
Id. (A) Similarly in our problem, Howard pawned her ring as collateral to secure an $800 loan given to her by Rough & Tough, the pawnbroker. (C)
Therefore, Howard and Rough & Tough probably created a bailment for mutual benefit.

Note that the first sentence of the IRAC paragraph is a statement of the issue that will be examined in the paragraph. The issue is narrowly defined and focused on one of the analytical elements of the problem.
The rule of law, the next component of the paragraph, provides the legal basis for the analysis of the issue. Then, it is appropriate to discuss some of the facts of the cited case if these facts help explain how the legal rule can be applied to your facts. Notice that everything that comes from an opinion is given citation credit.
The most important component of the IRAC paragraph is the application portion. The application is where you use the facts of your problem to demonstrate, but not to conclude, why the legal rule should apply to the issue posed. This is the legal analysis. (See Chapter 23 for more discussion.) The facts speak for themselves when you demonstrate how the legal rule applies to the scenario at hand by contrasting or paralleling the facts of the case and the problem. After laying out this relationship, you will then draw a conclusion. The conclusion answers the issue posed. The issue is the question being examined in the discussion, and the conclusion is the answer.

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This example illustrates how the conclusion responds directly to the issue: Issue:
Conclusion:

Whether a bailment for the mutual benefit of Rough &
Tough and Howard existed.
Therefore, Howard and Rough & Tough probably created a bailment, for it was for their mutual benefit because a loan was given upon the receipt of valuable collateral. 1. Issues
The question presented is the overall legal issue that will be resolved in the memo. A subissue in the IRAC paragraph is a point or query that must be addressed to substantiate one legal element of the problem.
When analyzing and writing about a legal problem objectively, it is often important to address subissues in the order that they must be resolved to support legal analysis. For example, the general rule for arson in
Illinois is the malicious burning of the dwelling house of another. The question presented for a memo on arson would be:
Whether Mr. Smith committed arson by intentionally burning down his brother’s factory.

The subissues addressed in the IRAC paragraphs would be:
Whether there was a malicious burning.
Whether the factory is a dwelling house.
Whether the factory of Mr. Smith’s brother constitutes the property of another person.

The subissues form the topic sentences of the IRAC paragraphs.
They provide the analytical steps that you must take in your thought process and your legal reasoning to resolve the overall issue the problem poses; the overall question is the question presented for the entire memo. The topic sentences in the IRAC paragraph introduce the legal element in question that needs to be resolved to complete the steps necessary to thoroughly examine the problem and to determine a response to the question presented.
! What Is the Difference Between the Question Presented and the Issues in IRAC Paragraphs?
The question presented is the overall problem that must be resolved in the objective memo. The question presented for the Howard fact pattern is:
Whether Ms. Howard has a claim against Rough & Tough or against Able
Pawn Shop for the value of her ring.

B. IRAC COMPONENTS

The subissues are determined by the legal elements or tests involved in the problem. The elements are discussed individually along with the relevant legal rule. There is a certain logical order when presenting the elements. Let the legal rules guide you in establishing the order of the subissues. Notice that each issue centers on a single step of the legal analysis necessary to fully examine the question presented.
The subissues that form the topic sentences of the IRAC paragraphs in a memo addressing Ms. Howard’s problem would be as follows:
The first issue is what type of relationship does a pawner and a pawnee have? What property rights do Ms. Howard and Rough & Tough Pawn have when they enter into a mutual bailment?
Can Rough & Tough Pawn transfer its interest in Ms. Howard’s property to
Able Pawn?
Did Rough & Tough Pawn receive the proper consent for the transfer of the ring from Ms. Howard?
Is Rough & Tough liable for the loss of Ms. Howard’s property after transferring its interest to Able Pawn?
Is Able Pawn liable for the theft of Ms. Howard’s property while it was in its possession? All of these queries are really elements that must be addressed, step by step, to resolve the question presented.
Each of the subissues will be a topic sentence of the IRAC paragraph highlighting the analytical focus of the legal discussion in that paragraph. Each issue is a step in the thought process required to thoroughly prove all of the underlying elements necessary to address the question presented.
Notice how one issue statement logically leads into the next. A good test to see if your discussion is well organized is to write down all your issue statements from your IRAC paragraphs. If the issue statements flow logically, one to the next, then the organization of your discussion will be logical.
To analyze the problem thoroughly, a number of issues must be examined in the discussion. To make the analysis logical, the issues must be examined in a certain order.

2. Rules of Law
The legal holding or rule, or synthesized compilation of the pertinent legal rules, follows the issue at the beginning of the IRAC paragraph.
(For an in-depth discussion of the process of synthesizing authority, see
Chapter 23.)
A rule of law is the court’s test, standard, or principle on the point. A rule also can be a statute and the legal elements laid out by the statute. A synthesis of a statute and a case applying or interpreting the statute also constitutes a rule.

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In our IRAC example, note that the first sentence is the issue, and the second sentence is the legal rule.
Issue:
Rule, followed by pinpoint citation:

Whether a bailment for the mutual benefit of
Rough & Tough and Howard existed.
A pawn is a form of bailment, made for the mutual benefit of the bailee and the bailor, arising when goods are delivered to another as a pawn for security to him on money borrowed by the bailor. Jacobs v. Grossman, 141 N.E. 714, 715
(Ill. App. Ct. 1923).

When organizing the discussion, first discern what issues are to be addressed, then find the pertinent mandatory authority that addresses the issues raised. Do not write the discussion around the authority, but make the authority address the issues. To demonstrate clearly how the authority supports or addresses the issues raised, discuss the pertinent facts of the cited case after you state the case’s holding or legal rule.
This is particularly helpful when the holding is very broad. You must demonstrate that the cited case truly supports the premise discussed in the IRAC paragraph.
! Why Is Citation Important?
Citation is an essential component of the rule portion of the IRAC paragraph. (See Appendix B.) You must always give proper credit in
Bluebook or ALWD format to any statement made that is not wholly your own. Any legal principle or authority must be attributed to its source.
Proper attribution of authority tells the reader where you obtained the legal principle that supports the discussion. The cite allows the reader to find the source too. Most important, the cite tells the reader whether the authority is primary mandatory authority, primary persuasive, or secondary authority. A cite also provides information without including the information in the discussion’s text. For example, you could write a rule as follows:
The state of Kimberly Supreme Court held in 1983 that individuals have a right to privacy. Jones v. City of Moose, 121 Kim. 12, 13 (1983).

A more effective version of the same rule, to include in the rule portion of the IRAC paragraph, is:
Individuals have a right to privacy. Jones v. City of Moose, 121 Kim. 12, 13
(1983).

The citation itself provides the information about the court, its jurisdiction and level, and the year. The text need not repeat this information.

B. IRAC COMPONENTS

Citations are valuable sources of information about the legal authority presented in the rule component of the IRAC paragraph.

3. Application of the Law to the Problem’s Facts
! How Do You Use the Legally Significant Facts?
Think of the legal rule as a test or a series of elements requiring certain facts to be used to support the outcome of the test. The facts used are legally significant facts because they bear legal significance as to the outcome of an issue. Our arson example mentioned at the beginning of the chapter illustrates this point.

THE ARSON HYPOTHETICAL
John Smith lived in Arkville. John Smith’s brother, Richard Smith, lived in Barkville Estates. Richard Smith owned a factory in downtown
Barkville. John Smith was consumed by a jealous rage over his brother
Richard’s success and intentionally and maliciously burned down the factory in Barkville. The question to be examined is whether John
Smith committed arson by intentionally and maliciously burning down his brother’s factory.
The general rule for arson is the malicious burning of a dwelling house of another. This general rule would be the legal authority used in the rule portion of the IRAC paragraph.
An IRAC paragraph on this topic would be as follows:
Issue: Whether John Smith committed arson when he burned down his brother’s factory.
Rule: Arson is the malicious burning of a dwelling house of another. 9 Stat. §§21, 23 (2011).
Application: John Smith burned down the factory of his brother, Richard Smith. John Smith’s actions were intentional and malicious. Richard resides in Barkville
Estates.
Conclusion: John Smith did not commit arson because he burned down his brother’s factory, not his brother’s residence or dwelling house.
The application lays a factual foundation on which the conclusion can be based. The facts are selected because each fact illustrates a legal point related to your rule of law: the malicious act, the intentional burning down of a building, the use of the building—whether it serves as a residence or dwelling house or whether it serves another purpose.
The rule indicates which facts you should examine. After you lay the

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factual foundation by using the problem’s facts to illustrate how the law should apply, you can draw a conclusion.

4. Conclusion
The conclusion resolves the issue posed at the beginning of the IRAC sequence. The conclusion should reflect directly the issue posed. If you remove the rule and the application portions of the IRAC paragraph, the issue and the conclusion should read as if they are a question and an answer. The conclusion generally restates the issue and includes the basis for the answer. The arson example with John Smith illustrates the role of the conclusion.
Issues:
Conclusion:

Whether John Smith committed arson when he burned down his brother’s factory.
John Smith did not commit arson because he burned down his brother’s factory, not his residence or dwelling house. Notice how the conclusion responds directly to the issue posed. The conclusion focuses directly on the question raised at the beginning of the IRAC sequence. Each element of the discussion is resolved before addressing the next element or issue.

PRACTICE POINTER
To test if your conclusion is focused on the issue raised, read the issue at the beginning of the IRAC sequence, then read the conclusion. If the issue and the conclusion read like a question and a reasoned answer that responds directly to the question raised, then you have stayed focused and adequately addressed the issue.

CHAPTER SUMMARY
IRAC—standing for Issue, Rule, Application, Conclusion—provides the structure for the legal discussion. The IRAC structure provides a checklist for you to make sure that you have included all the necessary components in the discussion and supported every premise with legal authority. Because it follows a predictable pattern, IRAC permits the reader to obtain information quickly. Mastering the IRAC format requires practice, which involves rereading and revising your work. Once you feel comfortable with the IRAC format, you should be confident that the discussion portions of your memos are logically ordered and analytically complete.

EXERCISES

KEY TERMS application citation conclusion IRAC issue legal holding legal rule legally significant facts subissue topic sentence

EXERCISES
SHORT ANSWER
1. What does ‘‘IRAC’’ stand for? Define each component.
2. Why do we use the IRAC format?
3. What is a legally significant fact?

DIAGRAMMING IRAC COMPONENTS
4. Diagram the IRAC components of each paragraph in the discussion section. Note where the writing digresses from the IRAC format.

Discussion
To be successful in a claim against Rough & Tough or Able Pawn, Ms. Howard would have to prove that Rough & Tough was liable for the loss of her ring.
First, for an action against Rough & Tough, she would have to show that the company had no right to transfer her pawned property without her written consent. Illinois Pawnbrokers Act, 205 Ill. Comp. Stat. 510/7 (2011). If pledged property was transferred without written consent of the property owner, the pawnbroker can be held responsible for loss or theft of pawned property because the property was in his safekeeping and was transferred illegally. Jacobs v. Grossman, 141 N.E. 714, 716 (Ill. App. Ct. 1923). Rough &
Tough did not get a written consent for the transfer of Ms. Howard’s property.
In its defense the company could claim that written correspondence without the written consent would be enough to inform the pawner of the transfer of her property. Second, for an action against Able Pawn, Ms. Howard would have to show negligence in its care of her pawned ring. Illinois courts have ruled that in bailment for mutual benefit, the ordinary care or diligence that one would give to one’s own property would be adequate to avoid negligence. Id. at
715; Bielunski v. Tousignant, 149 N.E.2d 801, 803 (Ill. App. Ct. 1958). Mrs.
Howard would have to prove that a security system and a guard dog would not be ordinary care and diligence. In his defense Mr. Able could argue that these were sufficient to be considered ordinary care and diligence. For a claim against Village Jewelers to be successful, Ms. Howard would have to establish that she held good title to her property because a thief cannot convey good title to stolen property. Hobson’s Truck Sales v. Carroll Trucking, 276 N.E. 89, 92
(Ill. App. Ct. 1971). Village Jewelers, which purchased the ring from the robbers, could not have good title to Ms. Howard’s ring. Ms. Howard probably

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454 CHAPTER 22 / THE IRAC METHOD could have a successful claim against Rough & Tough and Village Jewelers. She probably would not be able to prove Able Pawn negligent in the care of her ring. Does a pawnbroker have the right to transfer pawned property or interest in that property without written consent of the pawner? Pawned property cannot be transferred within a year from the pawner’s default without written consent of the pawner. Illinois Pawnbrokers Act, 205 Ill. Comp. Stat. 510/7.
One Illinois court ruled that a pawnbroker had no right to transfer the plaintiff’s pledged diamond ring to another pawnbroker within a year of the plaintiff’s default of her loan, without written consent of the pawner.
Jacobs, 141 N.E. at 716. In our situation, Rough & Tough sold its shop and assets to Sam Able within two months of Ms. Howard’s pawning her grandmother’s engagement ring. Because the sale occurred within a year of Ms.
Howard’s transaction with Rough & Tough, the company had a legal obligation under the Illinois statute to require a written consent for the transfer of her property. Also, the statute states that the time period for requirement of written consent for transfer of pledged property is established from the time of the pawner’s default. 205 Ill. Comp. Stat. 510/7. Our client has not defaulted, and she deserves at least all the rights offered by the statute to a pawner who is in default. Rough & Tough did send Ms. Howard a postcard notifying her that it had sold all the pawned items and outstanding loans, including her ring, but it did not get her written consent for the sale of her property. Rough & Tough did not have the right to transfer Ms. Howard’s ring without her written consent, and the sale of her property was probably not a legal sale.
Is a postcard sent to a pawner by a pawnbroker sufficient notice for the transfer of pawned property? Personal pawned property cannot be sold by a pawnee within one year from the time the pawner has defaulted in the interest payment unless the pawner has given written consent. Illinois Pawnbrokers
Act, 205 Ill. Comp. Stat. 510/7. The statute uses a definite and clear term:
‘‘written consent.’’ Ms. Howard did not default, and she would have at least all the rights of a pawner that did default. Therefore, the pawnbroker was required to receive her written consent before transferring her property. A postcard with written notice of a sale of pawned property is not a written consent by the pawner and would probably not be sufficient notice to constitute a legal sale.
5. Diagram the IRAC components of each paragraph in the discussion section. Note where the writing digresses from the IRAC format.

Facts
The Blacks came to us with the following problem and want to know what type of damages they are entitled to.
Mr. and Mrs. Black wanted to have a chair and a loveseat made to match the living room in their new home. The Blacks searched for weeks at various local furniture retailers for a furniture style and fabric that they liked but were unsuccessful. Finally, the Blacks went to a fabric sale at Fabric Retailers and found the upholstery fabric of their dreams. The Blacks purchased 50 yards of

EXERCISES

the fabric to make sure that they would have enough for any project. Mr. Black called all the furniture retailers in the area to inquire whether customers can have furniture covered in their own material. Finally, Comfy Furniture said that they permit customers to bring in their own material to cover upholstered furniture ordered from Comfy. The Blacks hurried over to Comfy with the 50 yards of fabric and placed an order for a chair and a loveseat using their own fabric. The price agreed on was the base price of $500 for the chair and $800 for the loveseat. Mr. Blaine, of Comfy Furniture, was their salesperson. Mr.
Blaine said that the fabric was ideal for the styles selected because it required no matching. He added that there was plenty of yardage because 30 yards is adequate for jobs of this nature. The fabric was a small paisley print, with the right side having a lovely sheen and vibrant coloration. The Blacks placed the order on July 7, 2011, because they were planning a family reunion for Thanksgiving and felt that that date would give them plenty of time to completely decorate their living room. The new pieces would provide plenty of seating for the family reunion. The Blacks indicated to Mr. Blaine that they needed the furniture for the reunion. Mr. Blaine asserted that the furniture would be ready by September 15. The Blacks gave Comfy Furniture a deposit of
$1,000. The loveseat and the chair were delivered to the Black home on September 10, but the furniture was upholstered with the fabric’s reverse side showing. The Blacks were devastated.

Issues
Whether the Blacks are entitled to damages from Comfy Furniture for incorrectly upholstering their furniture.
Whether the Blacks are entitled to damages from Comfy Furniture for the expense of decorating their living room to match the furniture they did not receive in the agreed-on condition.

Discussion
Are the Blacks entitled to special damages from Comfy Furniture for the cost of the redecoration of their living room? An Illinois Appellate Court decided that the nonbreaching party should be put back in the position that it was in when the contract was formed. Kalal v. Goldblatt Bros., 368 N.E.2d 671, 673 (Ill.
App. Ct. 1977). The Blacks stated their intention at the beginning concerning the fabric, the redecoration of the living room, and the family reunion. This fact was a part of their original position. The living room was redecorated. The furniture was delivered; however, the fabric was incorrect. Therefore, the
Blacks have a right to recover consequential damages for the cost of the redecoration of their living room because the end result was not achieved: correctly upholstered furniture, newly redecorated living room to match, and sufficient seating for the reunion. The conditions of the original contract were not met, and there was a breach of contract as embodied by the incorrectly upholstered furniture. Under contract law, what damages are the Blacks entitled to pursue?
Damages for breach of contract should place the plaintiff in a position he would have been in had the contract been performed. Kalal, 368 N.E.2d at
671. The plaintiffs in Kalal received a sofa that had been reupholstered in the

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456 CHAPTER 22 / THE IRAC METHOD wrong fabric after numerous delays, during which they had chosen three different fabrics in succession. Id. The court held that the defect could be remedied by the cost of reupholstering the sofa in the proper fabric. Id. at
674. The Blacks’ sofa and loveseat were improperly upholstered. Comfy Furniture upholstered their furniture with the reverse side of the fabric showing.
Therefore, they were entitled to damages equal to the cost of upholstering their furniture correctly. However, the Blacks’ situation is distinguished from
Kalal in that their furniture was delivered before the date set in the contract, and it can be argued by Comfy that there was time to remedy the defect before their target date of Thanksgiving.
Are the Blacks entitled to compensation for the loss of use of their furniture? The question of compensation for loss of use of the furniture was considered by both parties in Kalal to be appropriate since the plaintiffs in the case were without their furniture for several months while waiting for it to be reupholstered. Id. The Blacks have been similarly inconvenienced in that they, too, have been without the use of their new furniture. Thus, they are entitled to compensation for the loss of use of the furniture. However, it can be argued by Comfy Furniture that the furniture in the Kalal case was used and had been removed from the home for the purpose of reupholstering it. Id. In the present case, the furniture was new and had never been in the Blacks’ home, and Comfy may argue that the Blacks did not actually suffer loss of use of the new furniture.
Are the Blacks entitled to damages for the expense of decorating their living room to match the furniture they did not receive in the agreed-on condition? The redecorating of the living room in Kalal was not in the contemplation of either party at the time the contract was executed. Kalal, 368
N.E.2d at 671. Subsequently, the court held that the only damages that were recoverable for breach of contract are limited to those that were reasonably foreseeable and were within the contemplation of the parties at the time the contract was executed. Id. at 674. By the express terms of the Uniform Commercial Code, the court cannot follow tort theories to award damages. The legislative history of the U.C.C. indicates that contractual disputes should apply to the findings of the court. Moorman Mfg. Co. v. National Tank Co.,
435 N.E.2d 443, 453 (Ill. 1982). The Blacks only told Mr. Blaine that they needed the furniture to be completed in time for a family reunion. Comfy knew that the Blacks were under a time constraint for the delivery, but apparently there was no communication regarding the redecorating of the living room. With regard to Comfy Furniture, the redecorating of the Blacks’ living room was an unforeseeable event, and consequently they would not be held responsible for the expense. Because the fact that the redecorating of the living room was unforeseeable, it was not included within the terms of the contract. Therefore, Comfy only breached the express terms of the contract.
The Blacks probably will not be awarded compensatory damages.

APPLICATION EXERCISES
6. Write an IRAC paragraph using the following information. You need not include all the information. The issue is whether the plaintiff can show that

EXERCISES

his attorney’s failure to attend hearings was excusable neglect. A number of the text blocks below contain statements of rules. Other text blocks include legally significant facts. In some paragraphs, conclusions have been drawn for you. Combine the rules where necessary and form an IRAC paragraph for the issue.
Fed. R. Civ. P. 60(b) provides for relief from judgment if plaintiffs can show that a mistake was made or that there was excusable neglect on the part of their attorney.
Rule 60(b) is an extraordinary remedy, granted in only exceptional cases.
Harold Washington Party v. Cook City. Illinois Democratic Party, 984 F.2d 875
(7th Cir. 1993).
In this case, the plaintiff’s attorney, Mark Adly, missed four court-set status hearings. He failed to appear. He failed to answer motions. Court status hearings are routinely held every three months.
Adly claims he did not have any notice of the hearings. Adly knew status proceedings normally were held. He attended depositions in this matter.
Court records show that he was sent notices of the hearings to the address
Adly says is correct.
‘‘Excusable neglect may warrant relief under Rule 60(b).’’ Zuelzke Tool &
Eng’g v. Anderson Die Casting, 925 F.2d 226 (7th Cir. 1991). In this case, the defendant relied on a third party who told them to refrain from further action because efforts were being made to have the defendant removed as defendant. Id. at 228. Anderson did not answer any complaints or file any pleadings. Id. The lack of response led the court to enter a default judgment against the company. Id. at 229. The district court refused the motion to vacate, saying that the defendant had voluntarily chosen not to control its fate in the litigation. Id.
7. Review the following paragraph. Note the issue, the rule, the application of law to facts, and the conclusion.
An important factor in determining whether a funeral home is a nuisance is the suitability of its location. ‘‘Funeral homes are generally located on the edge of purely residential but not predominantly residential areas.’’
Bauman v. Piser Undertakers Co., 34 Ill. App. 2d 145, 148, 180 N.E.2d 705,
708 (App. Ct. 1962). A carefully run funeral home may be located on a property zoned for business at the edge of a residential neighborhood. Id.
The funeral home in this case is located in a predominantly rural area. It is outside the boundary lines of the Up and Coming Acres subdivision. It is a lawful business located on a parcel zoned for business. The funeral home is in a suitable location.
8. Read the following facts carefully.
Mr. and Mrs. Mortimer reserved the party room at Harvey’s Restaurant and gave Harvey’s a $500 deposit. Their party was scheduled for November

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3, 2011. Mrs. Mortimer sent the invitations out on October 1, 2011. The
Mortimers agreed to the quoted price of $62.50 per person. The purpose of the event was for Mr. Mortimer to establish relationships with current and prospective legal clients.
On October 20, 2011, Mrs. Mortimer called Harvey’s to confirm party details. She was informed that the party room was under demolition and could not be used for the party. Mrs. Harvey offered to lower the price to $57.50 per person and reserve a portion of the dining room.
Although she believed these arrangements were not suitable, Mrs. Mortimer agreed to use the dining room since the invitations were sent and many people accepted.
Mrs. Mortimer ordered lump crab meat as an appetizer for the party. A waitress told Mrs. Mortimer that imitation crab meat was used when Mrs.
Mortimer inquired about the crab’s unusual crunchiness.
The Mortimers want to sue Harvey’s for breach of contract and believe that they relied to their detriment on this contract. They assert that Harvey’s failed to notify them of the changes in a timely manner, consequently preventing them from making other arrangements. Additionally, the Mortimers want to know if they have a cause of action for the substitution of imitation crab meat for genuine.
The following is a portion of a memo relating to one of the issues raised by the Mortimers. Read the paragraphs carefully and revise in IRAC format.
Remember that each IRAC sequence can span more than one paragraph
(for example, paragraph 1—issue and rule; paragraph 2—application and conclusion). Did the Mortimers suffer a loss of business because of Harvey’s Restaurant’s promise of the entire party room? The Mortimers can argue that a false representation surrenders the restaurant’s interest. ‘‘When parties enter into a contract for the performance of the same act in the future they impliedly promise that in the meantime neither will do anything to harm or prejudice the other inconsistent with the contractual relationship they have assumed. . . .
If one party to the contract renounces it, the other may treat the renunciation as a breach and sue for damages at once.’’ The restaurant can argue that the contract did not cover the entire performance but was modified; therefore, no harm was done to the contractual relationship. Pappas v. Crist, 233 N.C. 265, 25
S.E.2d 850 (1943).
The Mortimers can argue that ‘‘damages are not speculative merely because they cannot be computed with mathematical exactness, if, under evidence they are capable of reasonable approximation.’’ Hawkinson v. Johnston, 122 F.2d 724 (8th Cir. 1941). The ‘‘rainmaking’’ potential was minimized because of the restaurant’s failure to supply the room contracted for.
The restaurant would argue that the ‘‘period for which the damages can be reasonably forecast or soundly predicted in such a situation must depend on the circumstances and evidence of the particular case.’’ Id. at 727. Therefore, the Mortimers can only quantify the number of RSVPs, not the number of rejects due to the smaller room.

EXERCISES

9. This exercise will highlight organizational problems in the discussion and help you to write more logically.
Review the discussion section of a previously drafted memo. Label, in the margin, the issues, the rules, the application portions, and the conclusions.
Examine each component to see where you digress from the IRAC format in the discussion. Revise the discussion to conform more closely with the IRAC format. 459