Tort reform

Research the case of Stella Liebeck, an elderly grandmother who received third-degree burns when she spilled coffee purchased at a McDonald’s drive-through. What was the basis of her claim against McDonald's? The basis of Liebeck claims was that she was severally injured after purchasing a cup of coffee through the Mc Donald’s drive thru in Albuquerque, New Mexico on February 27, 1992. Furthermore, the cup of coffee was served by Mc Donald’s and was given to her dangerously hot, which caused…

Pippa would be suing Flowerdews for Breach of s.13 Supply of Goods and Service Act.Pippa would also be suing for a breach of s.14 (2) and (3) Sales of Good Act 1979 there is also a possible claim of negligence on behalf of the Flowerdews Delivery man (Bob) for the negligent assembling of the shed. The person wishing to rely on the exclusion clause must show that it formed part of the contract. An exclusion clause can be incorporated in the contract by signature, by notice, or by a course of…

double hands amputation with emphasis on the elements of negligence of this case if any. I will also discuss comparative negligence and its application to the analysis of liability. In this case, I do not see any potential liability or other forms of torts against Bobby or Racheal. Bobby and Racheal are young children who are trying to have fun but it was unfortunate that Bobby unintentionally cut his wrist while playing basketball. ACE Sports: I believe that ACE Sports should face a potential…

Unconscionable and Unenforceable After a period of time, Walker has fallen behind on payments and is now in collections, her granddaughter has composed a letter in Walker’s behalf, stating that the entire deal is unconscionable and therefore unenforceable. In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. Courts find that unconscionable contracts usually result from the exploitation of consumers…

Australia ‘498’ The Australian tort system has been bombarded with numerous criticisms. The honourable Spigelman observation of the insurance crises was that it ‘… reached … fever pitch, in the course of which there were virtually daily reports about the social and economic effects of increased premiums … even hospitals; the early retirement of medical practitioners and their refusal to perform certain servers, particularly obstetric; the inability of other professionals to obtain cover from…

sub-systems: 1. First party insurance 2. Tort liability and ‘third-party’ insurance 3. Social Security (Atiyah, 2013: 11) In order for corrective justice to provide a useful tool to analyse the UK compensation system it will have to prove to be accurate in at least two of these sub-systems. Compensation…

The next case I will be discussing will be Bronwynn. Bronwynn was let unattended at the gym by the employees on duty as they knew she was an experienced member. Bronwynn suffered back injury due to faulty equipment, which then made Bronwynn to decide that she will resume her studies in the next year after her recovery. Bronwynn may want to sue the gym in breach of condition of negligence and breach of contract, which she may potentially have a contract of Sale of Goods 1979 . Under the…

else and not by Singer. According to the case, there was no evidence to prove that Rich’s and Wachovia acted in concert with each other or with any other person or entity to accomplish an unlawful end or a lawful end by unlawful means. “The underlying tort of conversion is absent, and thus there can be no liability for conspiracy” (www.law.justia.com). Reasoning 1. Review of case shows that it was no evidence to show that there was any conspiracy to the check being mailed to the wrong address. …

based in contract where the breach of contract to “provide the chance itself gave rise to the loss of that chance”. In Sellars v Adelaide Petroleum NL, Brennan J advised that a lost opportunity “may or may not constitute compensable loss of damage” in tort where damage is the action, and thus must be proved one way or another. The appellant, accepting the loss of a commercial opportunity as an actionable damage, argued that not comparably, the loss of opportunity for a better medical outcome…

Paragraph 3 – Against Wrongful life should not be recognised as a compensable tort in Australia. The High Court has been wary of making decisions about what kind of actions are compensatable since the case of Distillers Co. (Biochemicals) Ltd v Thompson (Laura Anne) [1971] which was a case arising due to the effects of thalidomide. In recent years the case of Harriton v Stephens [2006], has been the benchmark for decisions of wrongful life. In this case there was a claim for wrongful life by…