Question
5. A fast food restaurant operated a 'drive-thru' service that allowed motorists to purchase food items and drinks without leaving their vehicles. The restaurant was
5. A fast food restaurant operated a 'drive-thru' service that allowed motorists to purchase food items and drinks without leaving their vehicles. The restaurant was well-known for the quality of the coffee that it served, and much of its business reputation was based on this fact.Restaurant advertising was designed to capitalize on its coffee reputation which it advertised as "the best and hottest coffee in town".
One evening, a customer who frequently bought coffee at the restaurant purchased a large coffee from the drive-thru part of the operation. When she received the coffee container, she placed it between her knees on the car seat and attempted to drive away. Unfortunately, when she moved her leg to press on the accelerator, the coffee spilled, causing serious burns to both knees. She was unable to work for over a week while her injuries healed, and decided to take legal action against the restaurant.
A) Outline the nature of her claim, and speculate as to the arguments that she and the restaurant owner might make to support their respective sides of the case.
B) Render a decision.
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