IRAC Assignment # 2
Subway advertises and sells foot-long sandwiches. Because of the recession caused by CONVID-19, the CEO of Subway decides that instead of raising the prices of the foot-long sandwiches, he would make the sandwiches 11 inches instead of 12 inches, and still call them “foot-long” sandwiches. He was determined that no customer would realize 1 inch difference. This adjustment would lower food costs by over $ 1 million per year, based on the over 8 million foot-long sandwiches Subway sells worldwide.
Jack, a long time customer of Subway, buys a foot-long sandwich and realizes that the sandwich is shorter then normal (only 11 inches). Jack comes to you office and wants to file a fraudulent misrepresentation lawsuit against Subway.
IRAC
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You MUST use the 5-element rule. The textbook breaks the rule for Fraudulent Misrepresentation into 5 separate elements. This information can be found in Chapter 6, on page 120, under heading “Fraudulent Misrepresentation”, where the author states “The tort includes several elements: “and lists all five elements of the rule. These 5 elements make up the rule for fraudulent misrepresentation. Please note that all 5 elements make up the one rule that students must use. These are not separate rules, they are the five elements that make up the ONE rule for fraudulent misrepresentation. Note that the sentence “involves intentional deceit for personal gain” is NOT after “The tort includes several elements”, therefore if I see the words ,: “involves intentional deceit for personal gain” , your grade on this assignment will be deducted by 25%. Here’s some help (This is not a template so DO NOT COPY this information below and paste it in your paper-I provided extra help for assignmen t # 1, but on this assignment you will need to state the issue, rule, analyze the elements and conclude with a minimum amount of my help.
Issue: Your issue must always include the cause of action (Example: battery, assault, fraudulent misrepresentation, contract, etc. Just stating, “Is Jack liable for the injuries is not enough!”) Your issue must also be in the the form of a question, with a question mark.
Rule: List all 5 elements in one sentence (Do NOT number or bullet point the elements). Do not add to you rule. I should only see these 5 elements on page 120.
Analysis: Complete your analysis on all 5 elements. Your analysis should state the first element followed by “because…” Then the second element followed by “because…” And so on. (Do NOT number or bullet point the elements )
Conclusion: Conclude if the five elements have been met.
If you fail to use the 5-element rule and prepare an analysis on the same 5 element rule you will not receive credit on this assignment. No exceptions.