Business Law and Professional Mail Writing - Assignment Example

 Business Law and Professional Mail Writing I. Business Law The essence of business law is public interest, competence, professionalism and its updating and relevance to the times. Like all other forms of law, the application of business law efficaciously rests upon its impartial administration without fear or favor. However, the lacunae of misuse and loopholes have often ridiculed the application of law resulting in justice miscarriage and the noble subject disdainfully dismissed as “an ass.” Often the mandarins of justice are to blame for having made the process lengthy and tedious. The process of law does appear to overemphasize details and skirt or scuttle the main issue. (American Bar Association). The McDonald’s scalding coffee case Prima facie, the McDonald’s scalding coffee case appears too frivolous to merit lawsuit of the magnitude it ultimately attracted. However, closer look at the case and its potential to create harm to more people makes the case important and noteworthy. The fact of the case is that Stella Liebeck, got severely burnt on her thighs and posterior due to a jerk when her grandson started the car, causing hot, scalding coffee to spill over and around the middle of her thighs where she had placed the coffee cup. The coffee was steaming at 180 to 190 degrees Fahrenheit. The extent of scald was serious enough to hospitalize Stella for eight days and undergo skin grafting. The incident took place at a McDonald’s outlet at Albuquerque, New Mexico, in 1992 and generated lot of interest and debate in legal circles. Stella was in her late sixties then. Initially, Liebeck demanded 20,000 dollars as claim settlement. But McDonald refused, and ultimately the court ordered $160,000 be paid to Liebeck by McDonald in compensatory damages, and another $480,000 as punitive award. Justification for the high compensation The amounts of compensation and punitive award appear abnormally high as compared to the actual damage suffered by the victim at the most needing hospitalization, few days of trauma, and loss of time and personal activities. However, the holistic view taken by law transcends such basic issues and goes on to include other larger aspects such as public interest, corporate responsibilities and obligations, deterrent and preventive measures, breach of trust, the company’s attitude and approach, and scope, scale and likelihood of recurrence, among a host of other reasons. The sovereignty of law does not end with the aspects mentioned. Its outcome and verdict becomes a citation and reference point for similar cases that occurs, or may occur, elsewhere in the country. II. The Case of Palsgraf versus Long Island Railroad In this case a woman, Mrs. Palsgraf standing at a distance from where an incident of two men attempting to jump inside a moving train car leads to the fall of a package containing fireworks. The fireworks explode causing shock reaction at the other end of the railway platform and scales to fall injuring the victim. The victim files for compensation. The majority decision upheld by Judge Cardozo reversed the judgment of the Trial Term and dismissed the complaint on the grounds that the injury caused to the complainant due to negligence could not be proved as something done intentionally or by an act of negligence. The act of the two guards standing close by in trying to save the men from falling triggered the fall of the exploding package. The dissenting voice of Judge J. Andrew dwells on the aspect of cause and effect. The fact of the matter was that the reactions of the two guards caused the package of fireworks to dislodge and fall on the tracks causing an explosion. The effect resulted in injury to the victim in the railway premises to which the defendants were the contributory cause. The effect may be referred as negligence but the compensation had to be paid. The dissenting judge points out that jurisprudence holds the cause responsible for the resulting effect even it occurs at a distance. By this argument, even if the guards happened to be at a distance from the scene of injury, they are responsible for the injury. This dissenting judgment pointed finger at the accused and favored compensation to the victim. The overall judgment The overall judgment does appear to favor corporations and institutions over humans. The victim’s injury was caused at the railway’s property due to the action of the railway’s employees. Nonetheless, the judgment absolved the corporation on the issue of negligence. The verdict does appear one-sided. Conclusion The McDonald scalding coffee case is an eye-opener to the student and amateur of law. The case at first glance tantalizingly appears blown out of proportion and fit example of much ado about nothing. Nobody would have taken notice of it had McDonald paid up the initial amount of $20,000 the lady had claimed, or if she had simply forgotten about it as inconsequential. By this simple albeit unique case, the prosecution, the defense, the judge, the complainant, and above all, the almighty, proved the just, noble and divine nature of law. In the case of Palsgraf versus Long Island Railroad, the honorable judges must know better for having let off the railways scot free on the issue of injury to Mrs. Palsgraf. It could be that the magnanimous intentions of the guards to save the men rushing to catch the moving train from falling saved the day for the railways. III. Professional email writing Dear Dr. Zietzer, Hello! I notice with concern that the textbook necessary for studies and information is not in your possession. I would like to stress the importance and usefulness of textbooks in particular in order to obtain first hand information on the course of studies you are pursuing. The purpose of studying get tremendous boost with textbooks. Without it, it is not possible to follow the right direction and allow for the steady and constant flow of daily and relevant set of knowledge and information that makes up the entire course. No doubt there are other means of obtaining information such as the internet and CDs. However, these have their limitations. It is not possible to entirely depend on electronic sources for guided instructions and information. This method is also cumbersome because one has to log in time and again and wait. Textbooks are always at hand for reference. One has only to turn to the index and the right pages. The electronic sources may be useful as complements to the textbook. Not the other way around. While on the subject, I must admit that improvements and advances made by technology is challenging the printed media. However, as of now, the need for the printed textbook exists as ever before. It is not going to diminish in the foreseeable future. Every student must be in possession of the textbook. It is the armor and artillery of every student. No soldier fights with bare arms. No student gains knowledge without textbooks. I hope you get hold of the textbook without further delay. I might add the institution views non-possession of textbook as lacking responsibility in students. You are intelligent and have remarkable record. You must continue along the same track. Regards, XYZ Sources: American Bar Association, ABA Section of Business Law, http://www.abanet.org/buslaw/home.shtml. The McDonald’s Scalding Coffee Case, Georgia Trial Lawyers Association, http://www.gtla.org/public/cases/mcdonalds.html. Helen Palsgraf, respondent, versus The Long Island Railroad Company, Appellant, http://www.courts.state.ny.us/history/cases/palsgraf_lirr.htm. Read More