1.You should use the IRAC method to answer the question, and refer to the academic materials, and...

Question

1.You should use the IRAC method to answer the question, and refer to the academic materials, and relevant Acts and cases in your answer.
2.Maximum word length is 2000 words.
3.Reference is a must

Jones drove her car into Smith’s Parking’s new automatic car park for the first time. There was a sign outside the car park that listed the various charges and stated that owners parked at their own risk. When she drove up to the ticket machine, Jones was issued with a ticket. She then drove into the garage, where her car was mechanically parked. Jones was injured when she returned later to collect her car, and she claimed damages from the garage.

The car parking company attempted to rely on a condition exempting it from liability. On each ticket, in small print, were the words ‘Issued subject to conditions ... displayed on the premises’. On a pillar opposite the ticket machine were printed eight conditions, the second of which exempted the car parking company from liability for any injury to a customer on the premises. Jones would have needed to have parked her car in the garage and walked around to the pillar to have read the conditions.

Could the car parking company successfully rely on the exemption clause to protect it from any action by Jones?

David · Accepted Answer

Business Law and Ethics     1
Running Head: Business Law and Ethics
Business Law and Ethics
Business Law and Ethics     2
Introduction 
Law and ethics in business are most important to do right justice in favor of the right 
person to provide a claim or not in case of any damage. Ethically, every organization tries to 
provide compensation in case of any damage or loss while providing the services according to 
norms of court laws (Halbert & Ingulli, 2011). Every organization at present time tries to run 
their businesses in an ethical manner to avoid any financial loss against any claim from customer 
side. In this perspective, every organization makes their own code of conduct to be safe from 
huge penalty loss in the market. Thus, the organization cannot fulfill that demand that is out of 
their conditions in written. In this concern, the injured matter of damages between Jones and Car 
parking company also concern with legal issue, where Jones has injured and want justice against 
the terms and conditions of Smith’s Parking’s new automatic car park. But, on the other side, 
Smith’s parking company can also confidently protect itself from claim damages by Jones at any 
cost.  
Therefore, the method that can take place to solve the case is an IRAC method with step 
by step that provides structure for legal discussion (Miller, 2011). IRAC method is very 
successful method that every people adopt to fight their cases in the world. IRAC acronym 
stands for: Issue, Rule, Application, and Conclusion. The IRAC structure provides a checklist to 
make sure that someone has included all the necessary components in the discussion and 
supported every premise with legal authority. The IRAC method can discuss as follows: 
Issue 
In any case of business law, the issue is the central part of any legal writing and without it 
nobody can claim for any damages and cannot discuss in legal courts. When, there would be any 
matter arise between two parties for any product or services, an issue would be the center point 
Business Law and Ethics     3
about the problem and a person that wants to file a case against other party should have proper 
reason and proof for claim to come at winning a stage. Without any issue no one can earn any 
points as profits for any kind of damage and their effort would be spoiled (Strauss, 2012). 
Therefore, to find issues, a case should raise a question that how and when the problem arises 
and how can it be solved. Usually, only one issue is enough to discuss on the matter, but 
sometime in many cases there are more issues come out to the court to decide in favor of right 
person with compensation prizes (Wines, 2006).  
So, the matter between Jones and Smith’s car parking creating an issue and both are 
thinking about the justice through court rules and regulations. Jones is claiming that due to 
parking of that car at the Smith’s parking she met and accident and faced injury in returning after 
some hours to take that car. Thus, Jones  claimed for accidents from the Smith’s parking 
company. But, Smith’s Company tried to tell about the conditions to avoid for compensation 
because of their printed and written conditions of parking premises that was mentioned in front 
of the ticket machine.  
The car parking company has already mentioned some terms and condition that providing 
legal help to protect from the claim and confidence to fight against Jones claim for damages.  
This condition proves that the car parking company knows the laws and court holdings of the 
state to be sure for future perspective. Smith’s parking company has already mentioned on every 
ticket about the issued conditions as well as the conditions in the parking area in written.

1.You should use the IRAC method to answer the question, and refer to the academic materials, and relevant Acts and cases in your answer. 2.Maximum word length is 2000 words. 3.Reference is a must...

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