(Total Views: 482)
Posted On: 11/03/2022 8:42:16 PM
Post# of 153984
Happy to oblige. In law school, we are taught something called the IRAC system of getting to our legally based endpoint.
Issue. Rule. Application. Conclusion. (IRAC)
Issue - Did Amarex commit gross negligence in connection with its services to CYDY.
Rule - Gross negligence is a heightened degree of negligence representing an extreme departure from the ordinary standard of care. Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.
Application - we don't know the facts here so we cannot apply the rule to what we do not know.
Conclusion - we must wait for the arbitrator to decide if there was or was not gross negligence based on facts from Amarex that we have not heard as far as I know. Any other conclusion at this time is based on emotion, not facts or the law.
Issue. Rule. Application. Conclusion. (IRAC)
Issue - Did Amarex commit gross negligence in connection with its services to CYDY.
Rule - Gross negligence is a heightened degree of negligence representing an extreme departure from the ordinary standard of care. Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.
Application - we don't know the facts here so we cannot apply the rule to what we do not know.
Conclusion - we must wait for the arbitrator to decide if there was or was not gross negligence based on facts from Amarex that we have not heard as far as I know. Any other conclusion at this time is based on emotion, not facts or the law.
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