IRAC Examples: Three Worked Paragraphs From Three Courses

Contracts example: revocation of an offer

Facts. On Monday, Sam offered to sell his motorcycle to Priya for $6,000, with no deadline. On Tuesday, Sam called Priya and said he had changed his mind. On Wednesday, Priya wrote back, 'I accept.'

Issue. The issue is whether Priya's acceptance formed a contract, or whether Sam had already revoked his offer.

Rule. An offeror may revoke an offer at any time before acceptance, and revocation is effective when the offeree receives it. An offer is irrevocable only if it is an option supported by consideration, a UCC firm offer by a merchant in a signed writing, or an offer made irrevocable by part performance or foreseeable reliance.

Application. Sam's Tuesday call told Priya directly that the offer was withdrawn, so revocation was effective when she received it. Nothing made the offer irrevocable. There was no payment for an option, Sam is not a merchant who gave a signed assurance, and Priya had not started performance or relied on the offer. Her Wednesday acceptance came after the offer ended.

Conclusion. No contract formed, because Sam's revocation reached Priya before she accepted.

Torts example: breach of the duty of care

Facts. A customer slips on a puddle of spilled juice in a grocery aisle at 3 p.m. The spill was on the floor for about 40 minutes. An employee had walked past it twice without cleaning it.

Issue. The issue is whether the store breached its duty of reasonable care to the customer.

Rule. A possessor of land owes a business invitee reasonable care to discover and remedy dangerous conditions. The store is liable for a condition it created, or of which it had actual or constructive notice. Breach is a failure to act as a reasonably prudent person would under the circumstances.

Application. The store did not create the spill, so the question is notice. Two employees walked past it, which is actual notice. Forty minutes is also long enough that a reasonable inspection would have found it, which is constructive notice. A reasonable store would have cleaned it or placed a warning. The cost of a wet-floor sign is small and the risk of a fall is real.

Conclusion. The store breached its duty by failing to remedy a condition of which it had notice.

Criminal law example: attempt

Facts. Dana buys a gun and ammunition, drives to Ray's house, and waits outside for two hours with the gun loaded in her car. Police arrest her before Ray comes home.

Issue. The issue is whether Dana committed attempted murder.

Rule. Attempt requires the intent to commit the crime and an act beyond mere preparation. Under the Model Penal Code, the act must be a substantial step strongly corroborative of the actor's criminal purpose, such as lying in wait or possessing materials to commit the crime at or near the scene. Common-law tests look for a dangerous proximity to success or the last act.

Application. Dana's intent to kill can be inferred from the gun, the ammunition, and her waiting at Ray's home. Under the Model Penal Code, lying in wait and possessing the weapon near the scene are substantial steps. At common law, a court applying the last act test would probably find only preparation, since she had not yet confronted Ray.

Conclusion. Dana is guilty of attempt under the Model Penal Code and probably not guilty under a strict last act test.

A weak answer and a strong one

Weak. 'Priya accepted so there is a contract. Sam changed his mind but Priya accepted.' It names no rule, cites no fact, and reaches a wrong conclusion.

Strong. The Contracts example above. It states when revocation is effective, names the exceptions, tests each against the facts, and ties the conclusion to the timing.

The CREAC variation

CREAC leads with the conclusion: 'Sam revoked before Priya accepted, so no contract formed.' It then states the rule, explains it with authority, applies it, and restates the conclusion. It is common in memos and in the exams of professors who like it.

Use whichever format your professor prefers. The substance is the same: rule, then facts, then answer.

Questions this guide answers

Your next steps

1. Write an IRAC paragraph for each issue on a practice hypothetical, and time it.
2. Compare your paragraph with the strong example: does every element point to a fact?
3. Have a classmate mark any sentence that is a label and not an application.