IRAC Brief

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IRAC Brief
Facts of the Case
According to United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts, 2013).

Plaintiffs Case
Each driver was provided with their truck
Trucks provided to the contractors bore Sears Logo
Uniforms bore both Sears and HDA logos
Each driver hired their helpers and paid their helpers directly
Drivers worked full-time and solely for HDA (while under contract)
(United States District Court District of Massachusetts, 2013)

HDAs Argument
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no. 65) is GRANTED. It is SO ORDERED.

Business Managerial Setting Application
There are numerous torts to consider when reviewing Anderson v HDA:
(1) Intentional Tort a civil matter resulting in an intentional act of damages.
(2) Unintentional Tort civil matter unintentional acts that results in economic loss, property damage, or physical injuries.
(3) Property Torts occur when one 's enjoyment of their private property is interfered with by either acts of trespass or illegal conversion of the private property.
(4) Negligence a civil matter resulting damages due to the lack of care or duty that is owed.
(5) Strict Liability Torts can be criminal or civil and culpability or finding of fault is not a factor, to name a few.
The tort that is evident in the case of Anderson v HDA is an Unintentional Tort resulting in an act of economic loss. The wage deduction and mis-classification of employment status have led to the loss of wages and possible benefits to the plaintiffs and their helpers.

The issues that arose in the Anderson v HDA civil lawsuit could have been avoided by utilizing an effective risk management process for contracts review and management. Co-employment issues arise in the third party relationships due to the unknown, so it is beneficial to know as much as possible about all relationships that are encompassed for the work at hand. Understanding the Torts liabilities that
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