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Stella bought a cup of coffee at the drive - through window at McDonald = s . Holding the cup between her knees and attempting
Stella bought a cup of coffee at the drivethrough window at McDonalds Holding the cup between her knees and attempting to take off the lid to add cream, she spilled the coffee. She suffered burns to her thighs. If this happened at the McDonald's in Canada, which of the following is false?
If Stella sues McDonald's for negligence she will have to prove that the company owed her a duty of care and that care fell below the standard of care owed, and caused her foreseeable damage.
If Stella sues McDonald's, the company's best argument is that it didn't owe her a duty of care.
To succeed with the defense of volenti non fit injuria McDonald's would have to prove that she took the risk of physical injury and the legal risk as well.
If McDonald's proves that its manager heated the coffee as a reasonable manager would, the plaintiff's case would be dismissed even though she suffered burns.
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