Case Analysis – Liebeck V. McDonald’s Restaurants Essay.
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This is my final research paper for business law class. The book that we learned is called \”the legal environment of business\”, which basically talks about the theory of law to practice. Thus, the paper actually is not required \”too professional\” but is ok. Here are some requirements for this paper: 1. some problem of the area of the law in this book. personally, i require using The McDonaldâ€™s Hot Coffee Case as the main case for this paper to analysis 2. what\’s the nature of the law 3. what\’s intended to do 4. how can it be done be differently 5. how influence of the decision of the law 6. the brief summary of the case 7. constitution sources of law or regulations etc 8. This paper must includes 1 page proposal for presentation.
Here’s a snippet of the essay.
Comparative Negligence and Product Liability cases form a significant part of the business law. Cases involving these tort laws have become rampant in the US judicial system, and they have elicited a myriad of debates in the realm of business legal and ethical conduct. The recently enacted third restatement of the tort of product liability explains that a large majority of cases have adopted comparative negligence principles in the strict product liability cases. Furthermore, courts may not restrict comparative negligence to instances of product misuse or voluntary and unreasonable assumption of risk (Best & Barnes, 2007).
In the wake of reforms in business law, there has been a change in the perception of legal liabilities. The law and the general public perceive has become increasingly conservative in instances involving negligence and product liability. In this paper, I will assess the level of responsibility that businesses have been left to play in the light of these changes. I will conduct a case study of comparative negligence as well as product liability. I will critically analyze the case facts, the issues in the case, the decision that the judges took, and the applicable laws from the lens of business law. The will also assess various approaches that would have been adopted if necessary, and how the case would have been solved alternatively. The case to be used in this paper will be Liebeck v. McDonald’s Restaurant popularly known as the “McDonald Coffee Case.”
Liebeck v. McDonald’s Restaurant, a case that has popularly been known as the “McDonald Coffee Case”, is a well known legal tussle that took place in the US in 1994. Although many deemed this case a frivolous, the case has changed the look of things in the realm of business law. The plaintiff was one 79-year old woman Stella Liebeck who accidentally spilled the hot coffee she had purchased McDonalds onto her lap sustaining third degree burns. According to legal experts, the coffee was not only hot but also scalding, culpable of dreadful damage to the skin, muscle, or flesh (Meiners, 2012). This paper critically analyzes the case facts, the issues in the case, the decision that the judges took, and the applicable laws from the lens of business law. The paper further seeks to assess various approaches that would have been adopted if necessary, and how the case would have been solved alternatively.