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Managment Paper

In: Business and Management

Submitted By Casper16
Words 263
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Week 3 Assignment – Nadel et al. v. Burger King Corp & Emil, Inc. case

Question #1 – What court decided the case in the assignment?
The judgment was granted to the defendants for breach of warranty, negligent infliction of emotion, and premises liability. Later the judgment on product liability was reversed because of punitive damages because of the difficulty to prove that the coffee was defective and that the coffee was the reason that the child suffered burns.

Question #2 – According to the case, what must a party establish to prevail on a motion for summary judgment?

Questions #3 – Briefly state the facts of this case, using the information found in the case in LexisNexis.
 A child was burned
 A breach of warranty did not occur
 The spilled coffee was unforeseeable
 An adequate warning did not exist in regard to the coffee’s temperature
 Unable to determine if the coffee’s temperature was served too hot
 Unable to apply negligence resulting in emotional damage

Question #4 – According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve?
According to the case, this was not a case of negligent infliction of emotional distress because the coffee was not actually spilled on the child by Burger King itself and the company did not take part in how the coffee was spilled on the child. The tort that was approved by the court was punitive damages. Punitive damages were approved because it could not be proven that the coffee’s temperature was too hot when it was...

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