1. Number of overweight Americans filed a class action suit for deceptive trade practices and negligence against McDonald’s Corporation. The information about flavoring and fat content was alleged to be untrue, which caused obesity and associated health problems. The company was acquitted and the plaintiffs’ suit was dismissed twice, including after leave to amend.
McDonald’s won the action because of the inconsistency of the plaintiffs’ inculpatory facts: the evidences represented by the consumers alleged that deceptive information was used in the publicity. The plaintiffs failed to prove that it was the food of the company that was the immediate, and not concomitant, cause of the obesity (Pelman, 2010).
However, proving that McDonald’s had added certain fat to its food that would make its products more addictive would affect the suit, as the subject argued is urgent and there appear numerous product liability class action suits (Dallas & Hartman, 2011). Thus, thorough researches providing specific data would favor satisfying the claim of the consumers.
If small amounts of fat were added to make the food addictive but the fat would not be easily detected, that would not affect the suit, as clear evidences would lack.
If I were the CEO of McDonalds, I would enrich the menu with dishes consisting of unprocessed fruit and vegetables – various fresh salads and desserts. Besides, I would think of introducing a new “fit life” list of choices offering healthier sandwiches and drinks. I would encourage experiments with traditional food by adding new components or replacing the old ones. In any case there must be a qualitative response to the lawsuit.
2. Consider the given scenario.
An employer verbally promised a sales representative at a store certain working conditions. The employee agreed. The mentioned situation is an example of “oral or implied employment contracts”. The US law, as a rule, recognizes them. They are more common than written contracts in the employment relationship. There are numerous cases when the court satisfies the claim of one of the parties concluding an oral or implied contract. A striking corroboration is a case of the former CFO of Sterne Agee Group, Inc. v. the Alabama based investment bank for breach of contract (Fisher & Talwar, Professional Law Corporation,2013).
But American contract law is full of nuances. There must be any evidences that the contract came into effect, for example, documents proving the changes or consequences caused by it. In the situation studied, the employee worked for three years with the company, so there are apparently to be papers proving his commission increase. This fact sustains the employee’s claims. However, he will have to furnish proofs that he was not subject to discharge for dishonesty or disability.
The main problem with oral contracts is that they are difficult to prove. The plaintiff should be well prepared and provided with various evidences of his/her rightness. The task is though rather hard. As A.F. Kuhl notices, “If it only comes down to your word against the employer, you will probably lose because “you” have the “burden of proof”, you must prove your assertion (Greenberg, 2013).
So, what we may anticipate is certainly a complicated judicial proceeding and whether the claim is dismissed or satisfied depends on the evidence and reliability of the proof.
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