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Essay / Research Paper Abstract
A 5 page discussion of tort law as it relates to food contamination. The author outlines a fictional case involving contaminated ice cream. An analysis is presented regarding the burden of proof facing the plaintiff in regard to proving negligence on the part of the ice cream manufacturer. Bibliography lists 4
sources.
Page Count:
5 pages (~225 words per page)
File: AM2_PPlawCa.rtf
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Unformatted sample text from the term paper:
home, and partially consumes ice cream which he subsequently discovers is contaminated with a foreign non-food object. The object, a tampon, is later determined to have been contaminated with
human blood which is infected with hepatitis. Paul is later tested and found positive for hepatitis. Pauls case is further complicated, however, by the fact that he was
recently notified that the cadaver-extracted insulin supply he had been using was also contaminated with the hepatitis virus. Paul chooses to sue the ice cream company, Cholesterol Gourmet Corp.
Issues Did an entity other than Paul introduce
the contamination into the ice cream? Can Cholesterol Gourmet Corp. be proven guilty of negligence? If
so was this negligence willful and wanton? Rule of Law
It is often contended that tort liability, risks of injury and the legal obligations and the defenses to negligence are predicated on "knowledge". Indeed, that is often
the case in the world of law. Lawsuits such as that noted above often involve some sort of personal injury or tort. The term "tort" is derived from
Latin and means "twisted" (Bjorklun, 1995). This is an interesting way of terming an action which deviates from the norm, an act of irresponsibility which causes injury to person
or property (Bjorklun, 1995). A tort is a civil wrong rather than a criminal wrong (Bjorklun, 1995). Bjorklun (1995) clarifies that the determination between determining criminal verses civil
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