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Intentional and unintentional tort
The seven types of intentional torts
Intentional and unintentional tort
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Recommended: Intentional and unintentional tort
Law of Torts exists to protect individuals from any wrong doings that they’ve encountered because of another individual and to be able to have that potentially guilty party held liable by the courts and award the victim monetary compensation. Common law and state statutory law identifies the limits of tort law and they are divided into three categories; intentional torts, negligent torts and strict liability torts ("Tort | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute," n.d.).
I wholeheartedly agree with the McDonalds hot Coffee Case reading the facts that McDonalds knew that they were serving coffee well above safe temperatures to serve a hot beverage and had received complaints from over seven hundred people who
How was McDonald’s supposed to know that Stella would spill the coffee on herself? Coffee is meant to be served hot, just as blades are meant to be sharp. Stella suing for being burned by coffee is the same principal as a person suing a knife company after being cut by one of their products. The world is a dangerous place; many things around us have the capability to cause damage. Corporations should not be held responsible for any damage sustained after using their product improperly. McDonald’s could not have prevented Stella spilling the coffee on herself.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
In the DemoracyNow.org video link, it was stated that the McDonald’s lawyers provided a list of seven hundred other customers’ names, who in the past ten years had made complaints against McDonald’s stating their brewed “hot cup of coffee” was too hot. McDonald’s serves over a million cups of coffee worldwide, so the two million and seven hundred thousand dollar jury’s award was the two days’ worth of coffee sales that McDonald’s had to pay for brewing their product “the cup coffee” too
The documentary “Hot Coffee” explores the case in which an elderly lady filed a lawsuit due to a third degree burn. The Mcdonald's coffee case gained a great deal of attention, as it showcased how individuals are taking advantage of legal system with their access to easily start a lawsuit. The issue towards tort reform was brought upon the issue of the case, as individuals believe that justice was thrown out the window. Media then began to attract a great deal of attention, with the payout of “2.7 million dollars” for the damages and medical suspenses upon the old lady. A warning that pointed out the dangers that an individual can cause to a company, as a simple spill of coffee can turn out for the worst.
A. Compare and contrast the “Hot Coffee” and “Throwed Rolls” cases in 200-250 words. Try to go beyond the basic and cite examples of both similarities and differences you identify that relate to the concepts we have learned in class. (25 points)
Stella Liebeck, the plaintiff of the case, claimed McDonald’s, the defendant, held their coffee at too high of a temperature, 180 to 190 degrees, which could cause 3rd degree burns
This lawsuit highlighted the potential dangers of corporate negligence and the need for companies to prioritize consumer safety over profit. The hot coffee case was a wake-up call for businesses across various industries to ensure compliance with industry standards. Additionally, the media surrounding the case started many discussions about personal responsibility, liability, and the role of the legal system in addressing these types of scenarios. As a result, the Hot Coffee case not only influenced tort reform discussions but also culturally shifted the importance of holding corporations more accountable for their actions. The high punitive damages awarded by the jury were a message to McDonald's about the importance of consumer safety and the consequences of negligence (Sebok,
First, my personal reaction to this is documentary is an eye opener. I knew McDonalds was more harmful to than other fast food places, but I never knew about the lawsuit between McDonalds and it consumers. I never saw McDonalds as having big impact on my life; this is probably because the McDonald’s in my hometown never had a super-size option. In the video, Spurlock conducted interviews to gain ...
The McCancer is just one of the food items on the McDonalds menu that contains noxious chemicals that get called ingredients. McDonalds is dangerous though in more than just burgers and buns. The chicken nuggets contain Silly Putty plastic or dimethylpolysiloxan (Breyer). Eight syllable words may be ok in plastic toys, but food that is consumed daily by millions? McDonalds must stop putting poison in food, and the only way that way the criminal company will do that is if people make a stand. People need to make others aware of the inhumane processes the food goes through, and the unbelievable amount of toxins in the food as well.
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
The case "The Actual Facts About - The Mcdonalds' Coffee Case" is very interesting. I enjoyed reading it. I have seen products sell in term of "As Is" on the online and actual markets. However, what it really means and how it affects the buyers if it happens any flaw occurs to the customers. To figure it out whether it is ethical when dealing with this term lets examine this article.
Starbucks takes the standards of business conduct very seriously. Starbucks “support(s) the global business ethics policy and provide(s) an overview of some of the legal and ethical standards” (Starbucks Coffee) around the world and in every store they serve their customers. Another important factor is that Sta...
The major purposes of tort law are (1) deterrence, (2) justice, and (3) compensation to the plaintiff.
The products of McDonalds are safely packaged when it is required for the product, in order the customer does not have any problems or and negative feedbacks to McDonalds. E.g. hot coffee cups have plastic lids on top so it does not spill or burn on the customer. Also, McDonalds ensure to offer nutritional guide of the product clearly state what the product contains.
Unlike most other laws in Malaysia are using the provisions of the statute as a primary source, the principle of tort law can be seen in "common law" and the decisions of the English courts or judicial precedent. Branches of the law is constantly evolving with the court, a court in the country have been trying to adjust the application of common law on the situation in our country is a little different from the country of origin of the common law develops. Besides that, Halsbury's Law of England stated that the nuisance that is used as the law does not have an exact definition. Most of these nuisance problems arise from a situation that continued on the land, although one incident of its own is enough if it arises from the ongoing situation on the ground in the control of the defendant (Hailsham,