Puntive Damage and Struct Liability
Discussion Question One
A few years ago a New Mexico jury awarded Stella Liebeck
$2.7 million in punitive damages after she received third degree burns from a
cup of McDonald’s coffee she spilled in her lap. Do you think it is appropriate
to punish corporate wrongdoing by awarding punitive damages in a private
lawsuit? Was the award appropriate in this case?
Discussion Question Two
In light of the legal policy discussed above, should the
manufacturer be held strictly liable despite all the warnings if the hostess
were injured? Having used the product despite the warnings, should the hostess
be considered negligent? Should manufacturers be allowed to make and sell
products they know are “POISONOUS” and “FLAMMABLE,” in
other words very, very dangerous?
Discussion Question Three
The last time I was in Nogales I was offered a $10
“Rolex” watch. Was the seller violating the Lanham Trademark Act? Is
there any possibility a consumer paying $10 for a “Rolex” could be
confused about the authenticity of his purchase? If not, why should the makers
of genuine Rolex watches be upset?
ScholarMatic: Explanation & Answer
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