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LAW 1507 Tort Law

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LAW 1507 Tort Law

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LAW 1507 Tort Law

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Course Code: LAW 1507
University: The University Of Adelaide

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Country: Australia

Question:
In this unit, you will select a case law pertaining to the topic of tort law.
 
Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold:To give you the opportunity to read a real court decision.
 
To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court’s decision and summarize it; you are not expected to act as a judge or an advocate.
 
Using your selected court decision, prepare an analysis that responds to the following:Articulates the importance, context, purpose, and relevance of law in a business environment:Identify the parties who are before the court.Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs.Identify what is the specific disagreement between the parties.Explain the ruling of the court in no more than 1–2 paragraphs.Evaluates key judicial concepts that influence the decisions related to business:Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.Finally, do you agree with the court’s decision? Why or why not?You may choose any court case, either state or federal, as the basis for your case law analysis; however, the case should be applicable to the assignment topic. The recommended Web sites for researching and locating a case are listed in the Resources area.Your analysis should be no more than two pages, double-spaced. References and citations are to adhere to APA formatting and style guidelines. Prior to submitting your assignment, be sure to review the scoring guide to ensure you have met all of the grading criteria.
Answer:
Introduction:

In this case, Lieback dropped McDonald’s cup of coffee in her lap. It caused third degree burn to her legs (Howells, & Weatherill, 2017). Liebeck made a request to McDonald’s restaurant to pay medical expenses but McDonald’s refused to pay. On the refusal, Liebeck filed a lawsuit in court. During the proceedings, it was found that there were number of grievances against McDonalds that coffee had caused burns to customers.
 Though, temperature of coffee is specified in restaurant’s operational manual. The panel of judges granted Liebeck compensatory damages of $200000 and punitive charges of $ 2.7 million. McDonalds tried to settle the matter with Liebeck but Liebeck did not agree to settle. In due course, judge reduced the amount by $ 640000 and at last case was appealed by McDonalds.
Specific Disagreement
In the given case, there was specific disagreement between the parties. Liebeck suspected that coffee was prepared badly due to heat and served in cup which was designed defectively. Furthermore Liebeck said that cup had no warning regarding caution. McDonalds denied these facts in some of its pleading that potable coffee is of hot nature and all other restaurant serve excessively hot coffee. Further McDonalds argued that every year billion cups of coffee have been consumed and no incident happened in this regard. And Liebeck’s injuries were severe. Her third degree burns required skin graft (Shelley, 2017). Liebeck requested McDonalds to pay her medical expenses but it was denied by McDonalds.
Ruling of court
After the hearings, Court found Liebeck sympathetic and McDonalds inadequately concerned. Jury awarded plaintiff $ 200,000 as compensatory damages to cover medical expenses and $ 2.7 million in punitive damages. Further court reduced the amount by $ 640,000. McDonalds made appeal but plaintiff and defendant made settlement for a confidential amount before deciding appeal.
Existence of Dissenting Opinion
In the above discussed case, there was no dissenting opinion. Because all the judges of panel had same opinion on this case after hearing of arguments, reviewing documents and evidences. They did not disagree with each other on the final decision.
Review of court’s decision
In the given case, court had given right decision because when this case was present to the court, the panel of judges found that Stella Liebeck had suffered third degree burns and got skin graft. Liebeck was hospitalized for 8 days and medical expenses were claimed by her. But McDonalds denied paying. After determining these facts court found Liebeck sympathetic and awarded her compensative damages of $ 200000 and the punitive damages of $ 2.7 million. Later this amount was reduced by $ 640000 because judges found that Liebeck was 20% liable for her injury because of not aware about the warning on the cup of coffee and McDonald was 80% liable for this all incident. As court heard arguments and considered facts of both the party, it arrived at correct decision.
Reference
Howells, G., & Weatherill, S. (2017). Consumer Protection Law. California: Routledge.
Shelley, J. (2017). Food as a Dangerous Product: The Promise of Private Law for Public Health (Doctoral dissertation). Oxford: Oxford University Press.

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