Discussion about 250-word and response 130 words

Please view the following video about the case of Liebeck v. McDonald’s. Please give your reactions to the video and answer the following questions.1.) Was it proper for the jury to grant punitive damages in this case? Should McDonald’s have been made to pay the entire amount?2.) Are punitive damages a deterrent to companies who manufacture defective products that cause injury? Should there be a cap on punitive damages one can receive? If so, what should be reasonable and will a cap still prevent companies from manufacturing defective products that injure people?Please post at least (250 words)and a response to the post in attachment (at least 130 words)*the post on attachment is the answer of another student.

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Question One:
The jury went overboard in granting an award of almost three million dollars in
the case for Ms. Liebeck’s injury. In common law, there is the concept of damnum sine
injuria and injuria sine damnum. These two concepts hold that there are times that an
injurious act results in a chose in action, there are times when an act or omission does not
give rise to a legal claim. There are times when the line between these two issues is fine.
In that case, the courts ought to regulate themselves not to act in a draconian way since
quantum after ascertaining culpability is a transient process. If one adds onto that the fact
that plaintiffs only have to prove their claim on a balance of probability, then it becomes
clear that the jury punished McDonald’s too harshly for a tortious act that did not have a
distinct perpetrator.
However, I believe that the McDonald should have still paid the entire amount that the
plaintiff had sued. That is because there are other extrinsic factors that gave McDonald’s
‘unclean hands.’ Common law doctrines exist in perfect concordance with the ethics of
equity, McDonald’s had blatantly refused to settle, severally, for amounts that were
significantly less than the eventual amount that the jury awarded (Paik et al., 2012). The
courts must be careful to maintain the duty set out in Donoghue v Stephenson.
Question Two:
The rule in Donoghue v Stephenson establishes that the sphere of influence of the
consumption of the product or service. Here, McDonalds’ coffee was seen to be supplied
at a much higher temperature than the conventional coffee establishment. In that sense, it
was undoubtedly that it was defective as far as the unsuspecting consumer is concerned.
Saying that the case was an excess of tort reform is to deny the fact that there is any merit
in the neighbor principle. Any organization that manufactures defective products ought to
feel the full brunt of the risks that attach once the liability comes to fruition.
There should not be a cap on the quantum of damages that organizations suffer when a
civil matter concludes. I believe that placing such a limit will enable the wealthier
companies to ‘afford’ to commit torts, defeating the purpose of the laws. The lack of a
cap on the amount the courts can levy is a deterrent in itself (Paik et al., 2012). Of course,
there are the bounds of reasonableness to every litigation process. But then I believe the
decision in Liebeck was sound because the courts should unequivocally protect the public
from the larger corporations that are more powerful than the common citizen. The level
of reasonableness should be according to the capacities of each party, giving just desert
according to the ability of a litigant to pay for the damages the court deems fit.
Paik, M., Black, B., Hyman, D. and Silver, C. (2012). Will Tort Reform Bend the Cost
Curve? Evidence from Texas. Journal of Empirical Legal Studies, 9(2), pp.173-216.

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