Essay on "Justice and Lawful Coexistence"
Essay 3 pages (837 words) Sources: 1
[EXCERPT] . . . .
Strictness is determined more or less by inherent risks in the overall situation. Strict liability lessens the amount of intent needed to be proven in the case due to the obviousness of the circumstances.In the case of Snyder suing McDonalds it is safe to eliminate strict liability as a fault of McDonalds. Reasonably, it does not seem inherently dangerous to order food from McDonalds and employee attacks on customers are rare and not widespread. A question of negligence however is noteworthy and requires thought and examination.
Certain questions need to be asked to determine if Mc Donald's is liable for the damage done upon Snyder. Certain parameters need to be met in order to hold McDonalds liable. Did McDonalds owe Snyder a specific duty? Yes. Did McDonalds violate this agreement? Yes. As a result did Snyder suffer injury? Yes. Was the injury a reasonable consequence of McDonalds actions? The answer to the last question is debatable.
The crux of the matter is determining how much personable responsibility McDonalds has over the conduct of its employees. Reasonability is a relative term and different environments will certainly hold different opinions about what is reasonable or not. The legal system being divided into local segments attempts to safeguard against this relativeness offering fairness according to physical and geographic location.
Snyder claimed that McDonalds was unreasonable by hiring workers of a violent and distasteful nature which resulted in his altercation. Offensive language has the power to cause emotional damage, however, this damage is almost impossible to quantify. Perez's physical attack however is cl
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As a result McDonalds has recognized this threat and, according to the report, settled out of court and provided training to workers that are employed at the McDonalds where the incident occurred. All law is based on reason. Unfortunately a strictly scientific or methodological approach to reason is unavailable due to the subjective nature of human interaction and exchange. Reasonability is an ever changing and complex idea that reveals itself in subtle ways.
Identifying what is reasonable will lead to finding where liability and negligence lie in any circumstances.
Works Cited
Fastenberg, D. (2012). Fla. customer sues mcdonald's after worker allegeldy unleashes anti-gay rant and assault. AOL.com.12, July 2012. Retrieved… READ MORE
Quoted Instructions for "Justice and Lawful Coexistence" Assignment:
“Business Law BULGL 318 Syllabus Attachment 1: Current Event Legal Analysis Paper Fall 2012, Prof. Oenga (100 points)
Purpose: To encourage students to apply concepts learned in class to the world outside the classroom and to begin to recognize the impact law has on the business industry.
Requirements: • You are required to find one current (dated no earlier than September 1, 2011) newspaper or magazine article that you can relate to course materials. The selected article must relate to civil law, not criminal law. It is not appropriate to use an article that concerns criminal law, unless criminal law is mentioned in addition to civil law aspects.
• With respect to your article, you will write a two to four page analysis in which you identify and explain relevant legal concepts from the article that we have covered in class. Students are allowed to compare and discuss the paper with peers but final thoughts and presentations MUST be individual work.
• Format: typed, double-spaced, 12 point Times New Roman font, one-inch margins.
• You will include a copy of your article when you drop box your paper (you may have to copy it into a word document/scan it) so that I can refer to it as I read what you have written. You must also identify the source of your article and its date of publication.
• The due date will be Saturday, December 1, 2012 at 11.59 pm. Please remember I will NOT accept late submissions. It must be submitted on time and in the appropriate D2L Drop box (processed in Microsoft Word).
Grading Criteria:
1. Appropriateness of the article – your article should allow you to make connections to class material.
2. Clarity of discussion – your paper should be well organized, including an introduction and a conclusion. It should also be well written, reflecting proper word usage, as well as good spelling, punctuation and grammar.
3. Quality of discussion/breadth of knowledge – the connections you make to class material should be appropriate and genuinely raised by your article; your legal explanations must be correct and complete.
Wishing you good luck!
How to Reference "Justice and Lawful Coexistence" Essay in a Bibliography
“Justice and Lawful Coexistence.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/justice-lawful-coexistence-always/9998277. Accessed 27 Sep 2024.
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