The IRAC method

by | Mar 6, 2023 | business law

 

 

 

 

 

John, Lesa, and Tabir form a limited liability company. John contributes 60% of the capital, and Lesa and Tabir each contribute 2%. Nothing is decided about how profits will be divided. John assumes that he will be entitled to 60% of the profits, in accordance with his contribution. Lesa and Tabir, however, assume that the profits will be divided equally. A dispute over the profits arises, and ultimately a court has to decide the issue.

Use the IRAC structure to identify issues and apply law and facts to the case. The IRAC method has four steps:

Identify the issue.

Relevant law – Here you need to explain the law, not just state it. This could be sections/s of the Corporations Act or case law.

Application to the facts – the law is applied to the facts of the problem.

Conclusion

What law will the court apply?

In most states, what will result?

How could this dispute have been avoided in the first place?

 

 

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


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God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Solution

Issue: The court must determine how to divide the profits of a limited liability company between its members.

Relevant Law: The governing law that will be applied in this case is the Corporations Act, which governs the operation of companies and their shareholders. Section 125 states that “the profits arising from the operation of a company shall be divided among its members according to the terms set out in the company’s articles of association or by unanimous agreement of all members”.

Sample Solution

Issue: The court must determine how to divide the profits of a limited liability company between its members.

Relevant Law: The governing law that will be applied in this case is the Corporations Act, which governs the operation of companies and their shareholders. Section 125 states that “the profits arising from the operation of a company shall be divided among its members according to the terms set out in the company’s articles of association or by unanimous agreement of all members”.

Application to Facts: In this case, there was no agreement on how profits should be divided amongst John, Lesa and Tabir as nothing had been decided about it when they formed the LLC. Therefore, under Section 125, if any profits arise from their business operations, these will have to be divided between them according to what has been agreed upon unanimously by all three parties. Since there is no such agreement present in this case, each party would be entitled to an equal share of any profits generated by their LLC.

Conclusion: Based on the applicable law stated above and taking into consideration the facts provided in this case, it can be concluded that John, Lesa and Tabir are all entitled to an equal share of any profits generated by their LLC as they have not reached any unanimous agreement regarding how they should divide said profits.

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