The Topic Can Be Proposed By The Writer – Assignment Example
Analysis of McGregor vs. Crumley using the IRAC format affiliation Analysis of McGregor vs. Crumley using the IRAC format
McGregor sued Crumley (husband and wife) for breaching a contract they had on the sale and delivery of cattle for a dairy operation. McGregor alleges Clint and Paige Crumley had entered into the contract, and they were liable. Despite this allegations filed by McGregor, no evidence was submitted to the court for the Crumley’s conduct in getting into and breach of contract.
The trial court noticed McGregor’s evidence on the case was weak thereby overruling the objection of the Crumley’s and put a signature on the proposed findings of fact and conclusions of law. However, a judgment was entered against the Crumleys individually in amount.
The argument of Crumley’s on appeal stated that the allegations made by McGregor did not indicate she was involved in the dairy operation as a partner. In addition, McGregor did not present even single evidence during the trial, which would show the existence of the partnership between her and the husband. She further argues, McGregor’s only theory in the case was based on him claiming the Crumley’s had entered into a contract that was later breached. According to her, all the evidence McGregor presented during the trial was concerning her husband’s (Clint) conduct in getting into and breach of the contract.
On the other hand, McGregor argues it was to his understanding that the dairy operation was run by Crumleys and not the husband (Clint) alone. His argument is based on the fact Paige handed him a check, and he invoiced the couple jointly for the cattle in the original bill.
Finally, argument of McGregor is that the testimony given by Clint on whether Paige was his partner in the operation or her fathers partner was ambiguous. For this reason, the case must be resolved in a way favoring the party with successful version of the evidence presented. Clint’s testimony is characterised by McGregor and the answer and counterclaim as the judicial admits they were having a partnership in the operation.
Mallor et al., (2013). Business law: The Ethical, Global and E-commerce environment, 15th edition