Sales Law
Paper details:
Consider the case below and write a brief paper (min 4 pages) discussing all aspects of the case. It is important that you reference both the case presented and other relevant cases to support your argument. You should consider both sides. How would you react if you were Liebeck and how would you react if you were McDonald’s Restaurants? Be sure to conclude with a brief discussion of which side you support and why.
You should make use primarily of primary resources, backing up your points with your research. Cite all references.
Case brief
Parties: Liebeck v. McDonald’s Restaurants.
Facts:
Stella Liebeck, a 79-year old woman from Albuquerque in New Mexico, bought a cup of coffee at McDonald’s drive-in restaurant. She opened the cup of coffee and placed between her legs. She spilled the cup all over her lower body and she suffered third-degree burns on this part of body.
Legal issue:
Legal issue is whether McDonalds is responsible for the claimant’s injuries or not.
Procedural history:
Stella Liebeck tried to settle out-of-court, but all of these attempts failed. After this, Liebeck sued the
McDonald’s for gross negligence.
Reasoning of the court:
Served coffee was very hot (82-88 °C), this temperature causes third-degree burns in two to seven seconds. Very important documents were more than 700 reports of people burned by McDonald’s coffee.
The jury decided that Liebeck is responsible for 20% and McDonald’s is responsible for 80%, despite the fact that on the cup of coffee was warning sign, that this beverage was hot. According to the court, this sign was too small. Liebeck was awarded $200 000 in compensatory damages and $2.7 million in punitive damages. These damages were later reduced.
Both parties appealed against this decision. Later, parties decided to settle out-of-court and they agreed on damages less than $600 000.
Use at least 3 other court cascgoes to back up your claim.
