Jhoana and Roger have been friends for a long time and have often fantasized about retiring together on a remote island somewhere. Jhoana lives in a very old home on a plot of land that she inherited from her parents. One day after they’ve had a few drinks, Roger tells her that if her house were to burn down, her fire insurance policy would likely have to give her the money to build a new house. And if she combined those funds with what she would get from selling the land, that would be enough for them to live out their dream of retiring on a faraway island. Excited about this idea, Jhoana tells Roger she will pay him $2,500 and let him live in the new island villa she’ll get with the money she makes, but ON ONE CONDITION. He’ll have to set fire to her home so she can collect under a fire insurance policy. Roger sets fire to the home, Jhoana collects the money and then sells her home. She moves to Panama in a new beachfront home. When he contacts her to ask for the $2,500 and find out when he can move in with her, she refuses to pay or let him join her. Roger sues Jhoana to enforce her promise, since he fulfilled his end of the bargain. Will a court likely order Jhana to pay him the $2,500? Your answer should be in the form of an IRAC outline that includes the Issue the court would have to decide, the Rule that would apply, the Application of that rule to the facts, and your predicted Conclusion.
- state what the Issue is in the case that the court has to decide,
- state what the Rule or laws are that the court should apply,
- state how the rules apply the rules to the facts of the case, and explain your analysis of how the rule applies to the facts of the case. This will be your “A” step for the Analysis/Application.
- then state the Conclusion you think the court will reach.
