Assignment 3 LGLA-1305 Legal Writing Garratt v Bailey IRAC Method
Issue: Did Dailey commit battery by pulling the chair from Garratt. Rule: To prove battery there must be intentional offensive or harmful contact. Intent is defined as the dire to achieve a specific result. Analysis: The court must determine whether there is enough evidence being given to charge Brian with battery. The law describes battery as intentional/offensive harm with contact. When Brian pulled the chair, Garratt fell and fractured her hips, harm was done. However, given the fact that Brian is only 5 years of age the court would have to determine whether at that age Brian would have the knowledge to understand the consequences of his actions. Conclusion: The Supreme Court returned the case for clarification if Brian Dailey knew with certainty that Garratt would try to sit down on the chair before he moved it.
