Introduction
Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson’s car when she was severely burned by McDonalds’ coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a Styrofoam cup at the drive-through window of a local McDonalds. After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. Stella Lieback sued McDonalds for coffee being too hot.
Assignment Instructions
Discuss whether Ms. Liebeck has a negligence or strict liability claim against McDonalds. Please be sure to thoroughly analyze both torts in your answer.
Requirements
The length of your response is conditional on the question. Answer fully, but concisely.
Your submissions should be submitted via the assignment dropbox in .doc or .docx format, using 12 pt type and double spacing.
Assignments should have a minimum of 3 sources properly cited in APA or MLA or Bluebook format. Please look for primary sources of law whenever possible, such as Acts, Statutes, Case Law. If you refer to a case or a statute, law or act in your paper, you should and must cite to it directly. You may lose points if you fail to include citations to relevant primary or secondary sources of law when applicable.
When providing legal analysis in your assignments, please use the IRAC method. IRAC stands for Issue, Rule, Analysis, Conclusion. State the issue at hand, identify the relevant rule or law at play, analyze and examine all sides, and then reach your conclusion.
Legal writing is different than other writing you may have done. Please remember not to overly personalize your written assignments. If you are asked to provide legal analysis, please follow the structure below:
Issue: What is the issue at hand
Rule: What is the rule or law that applies and why
Analysis: Apply the relevant rule or law to the facts and analyze
Conclusion: What is the conclusion reached and why
Some helpful examples/resources:
How to Raise Your Law School Exam Grades by Using the IRAC Method the Right Way
