Faverty v. McDonald’s Restaurants of Oregon, Inc. 892 P.2d 703 (Ct. App. Or. 1995) Parties: Plaintiff(s): Mr. Frederic Faverty Defendant(s): McDonald’s Restaurants of Oregon, Inc. Facts: Matt Theurer was an 18 year old high school senior and a member of the National Guard. He is employed by McDonald's, the defendant. Matt's manager knew Matt had to drive about 20 minutes to and from work. Matt was scheduled to work a shift at McDonald's from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988. He was also given a voluntary opportunity for a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 which he accepted. Matt worked all of his assigned hours, including the voluntary shift. After the last shift was complete, …show more content…
he told his manager that he was very tired and if he could be excused from his next scheduled shift and the manager agreed. On the way home, Matt fell asleep while driving his car and ended up going towards oncoming traffic and crashed into the plaintiff, Frederick M. Faverty, van. Matt passed away due to the accident and Frederick was severely injured. Issue: Was the risk of an accident foreseeable after all the hours Matt Theurer worked? Holdings: Yes Rationale: Even though Matt Theurer's manager knew Matt had to drive a long way to get to work and go back home, Matt was given an opportunity to work an extra shift between his scheduled shifts which lengthened his work hours excessively.
Thus, the defendant was charged with negligence by making its employee work unreasonably long work hours when the manager knew his employee, Matt, might be risking his and others' life in danger by driving back home from work after his long shift. Thoughts: The manager at that McDonald’s restaurant, the defendant, knew Matt had to drive a long way to and from work. Even though this information was known, the manager gave an opportunity to Matt to work a cleaning shift between his regular shifts. My thoughts are that the manager should not have given the opportunity to Matt on the first place as the manager knew Matt was already working from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988 and had to drive 20 minutes to and from work. Adding a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 made Matt’s working hours excessively long. By the end of his shift, it is obvious that Matt is over worked and not in a condition to drive back. This lack of judgement from the manager eventually lead to the accident and death of Matt, and massive injury to Frederick M. Faverty, the plaintiff. Due to this lack of judgement, I think the verdict against McDonald’s to pay $400,000.00 to the plaintiff is
justified.
Dean filed a suit against Whataburger, Inc alleged the company’s negligence was the proximate cause of the murder of Mr. Dean. The defendant denied the claimant’s allegation mentioning there was a lack of evidence to prove it as a negligent act. The trial court granted summary court for Whataburger, holding that shooting death of a Dean was not foreseeable event and Barton appealed.
Making existing and potential customers knowledgeable about products/services, consumer awareness creates more informed buying decisions. Consumers cannot purchase products and services if they do not know they exist. That being said, I believe McDonalds does uphold the basic rights of consumers. Currently, McDonalds displays nutrition facts on all of there food items. That was not always the case. Prior to the movie super size me, and the ensuing lawsuits, McDonalds would offer consumers the option to upgrade their already unhealthy meals to a even larger potion known as super size. This ignored consumer rights because the establishment did not warn customers that they would be consuming nearly half of there daily calories just by having fries. Appropriately, McDonalds no longer tries to gear people towards the unhealthy option of super size and displays nutrition information on all of its products. Therefore it is fitting to state that the major rights of consumers have not always been upheld at McDonalds, but they are taking steps in the right directions. At present, they are making phenomenal strides toward a healthier menu. McDonald's started giving customers the option of choosing apple slices and milk as part of the Happy Meal package. They also began packaging 100-calorie versions of Oreos, Wheat Thins and other healthy treats. Also McDonalds is currently working on removing trans fats from their food. More and more McDonalds is taking gradual steps to making the American consumer more responsible for what they put in their own mouths. Soon, it is very likely that people will no longer be able to blame corporations like McDonalds for obesity because there will be healthy options and people will be informed.
For decades, consumers have demonstrated an increasing concern that several businesses have little to no concern for them, their well-being, and the degenerating social order. For this reason, it is essential for businesses to try to avoid endangering or exploiting consumers and focus on creating an excelling society. Fortunately, Corporate Social Responsibility (CSR) is a valuable structure that can be utilized to manage and enhance customer relationships, as well as improve and protect the welfare of society as a whole in a more organized and effective manner (Hartman, Des Jardins, & MacDonald, 2014). In essence, corporate social responsibility can provide organizations the opportunity to maximize its positive impact while minimizing its negative impact on society (Des Jardins, 2008). Given the importance of being socially responsible, one will elaborate on the Pelman v. McDonald’s case. To include, discuss whether McDonald’s restaurant should be criticized for selling unhealthy products and for their deceptive advertisings.
In order to understand McDonald's structure and culture and why they continue to be the world's largest restaurant chain we conducted a SWOT analysis that allowed us to consider every dimension involved in the business level and corporate level strategies.
The largest of the fast food companies have forever cemented themselves into the American culture and they are fully aware of that fact. Written on a McDonald’s paper tray liner is their statement to this knowledge; “I think about great memories from my past. Road Trips, friends, study breaks and lots of laughs. Anytime nostalgia sets in, I know it’s not too long before I’ll be going to McDonald’s for a Big Mac. Someday in the future, when I’m looking back at today, McDonald’s will still be there.” Since our future only holds visions of more and more fast-food restaurants springing up across the horizon, we need to learn where the best food is being served outside our own kitchen. There are several different chains of fast food restaurants in the Redding area, but which one is the best? During recent interviews with several managers and a crew member from different fast food restaurants in Redding I learned that each one had a little different story about where their restaurant’s food came from and what their experience was working there. Daryl Yeomans, a crew member (the manager didn’t want to speak with me) at a McDonald’s in Redding stated, “all of our lettuce, tomatoes and onions come pre-packaged and pre-sliced. All we do is basically assemble the food.” This way of processing orders has been the McDonald’s way since the 1950’s. As Stacy Perman describes in her book In-N-Out Burger, “each [McDonald’s] Grell 2 order required little more than a quick assembly from a ready-made food kit” (86). According to the McDonald’s website, their meat patties are “frozen instantly, after the meat is ground, to make sure the very best quality and flavor is preserved. It is then transported frozen to our restaurants” (McDonald's). When asked...
“They also awarded her $2.7 million in punitive damages, which the trial judge reduced to $480,000” (Breyer, Melissa 2015) $2.7 million only represented two days’ worth of coffee sales for the McDonald's corporation, yet the amount of the punitive award was reduced in a final undisclosed settlement and Ms. Liebeck did not and never received the courts judgment. (Ms. Liebeck passed away in 1994)
Burger, which is just a common daily food of Americans, suffer a lot after coming to China as debate on whether people can eat them or not has never ceased. The divergence on the answer to that problem seems to be part of the generation gap as today’s kids as crazy about burgers while their parents hate burgers. Burgers are just burgers; should there be debate on them? People should stop meaningless debate.
In 2002 McDonald 's was losing market share. Employee and franchisee morale were extremely low. The popular view was that the time for McDonald 's had passed. Shares were in severe decline.
Direct labour: These are labour expenses incurred in converting the direct material into a finished good, here, a burger.
McDonald's Case Study Company overview McDonald's Corporation is the world's largest chain of fast-food restaurants, primarily selling hamburgers, chicken, french fries, breakfasts and soft drinks. More recently, it also offers salads, fruit, snack wraps, and carrot sticks. The business began in 1940, with a restaurant opened by brothers Dick and Mac McDonald in San Bernardino, California. Their introduction of the "Speedee Service System" in 1948 established the principles of the modern fast-food restaurant. The present corporation dates its founding to the opening of a franchised restaurant by Ray Kroc, in Des Plaines, Illinois on April 15, 1955, the ninth McDonald's restaurant overall.
McDonald’s is currently the 6th most important brand in the world. Most people in the United Arab Emirates, and much of the world, instantly recognize the McDonald’s “Golden Arches" or “M” letter.
The McDonald’s Corporation case study take a comprehensive look into the competitive market of the fast food industry. Particularly, McDonald’s and some of it greatest fast food competitors. In this analysis I will be revealing the marketing strategies of McDonald’s and other fast food companies. Identifying the trending tastes of consumers in this market, tactics used by McDonald’s competitors such as Wendy’s and Burger King to one up the marketing strategies of McDonald’s. I’ll also be assessing the strength, weaknesses, opportunities and threats of McDonald’s in this market segment. Evaluating the consumer purchase decision process and purchase type in the food industry. Lastly, I’ll explore which growth strategies I believe would make the
Mike’s estate now seeks to claim an award of damages from Bob. It is probable that the damages asked for would be too great to compensate Mike’s estate. Due to this, his estate will be suing Dale Cooper Construction Company because of their greater level of solvency. Dale Cooper as Bob’s employer may be held liable under employers liability due to the elements that evolved from Wilsons & Clyde Coal (1938). Even though four key elements were noted from this case only one applies for Mike’s estate. This is the duty to provide competent staff as colleagues. “An employer owes his employees a duty to ensure that they employ competent colleagues, including effective supervision (which is also a principle developed from the stated case) and training.” It is evident from the above scenario that Dale Cooper, had not employed competent staff and supervision. The reason for this is that, it would have been noticeable to see someone who had been “drinking heavily the night before.” A reasonable and competent person would not have allowed Bob to have manned and operated the cranes responsible for building the warehouse. Judging from the text, it is clear to say that competent staff and supervision was not employed for the construction of the warehouse. This can be exhibited from the fact that Bob had drank heavily the night before he knew he had work and was also irresponsible as he had come into work late that day (probably hungover). There should have also been a supervisor or manager to take note of Bob’s lateness as well as his physical and mental capability to operate the crane. However, this is only hypothetical considering it has not been mentioned in the scenario. As this is a common law duty, that is “to ensure that reasonable care is taken” “the employer cannot escape liability themselves simply by demonstrating that they had acted reasonably” and
At first, McDonald’s is a company that belong to Dick and Mac as a Bar-B-Q restaurant that had twenty-five menu items, mostly barbecue in 1940s in San Bernadino. In 1948s, the McDonald brother realized that most of their profits came from selling hamburgers, so they closed down their successful carhop drive-in to establish a streamlined system with a simple menu of just hamburgers, cheeseburgers, French-fries, shakes, soft drinks, and apple pie. In 1954s, the milk shake machine salesman Ray Kroc’s is fascinated by the operation. As he has an epiphany that his future would be in hamburger, he bought McDonald’s from the McDonald brothers and made the burger shack into a business characterized by conformity and uniformity. He open up his first
It was never just about the cake in the United States Supreme Court case, Masterpiece Cakeshop v. Colorado Civil Rights Commission. In a 7 to 2 vote, the Supreme Court reversed the Colorado Commission’s decision which had found that Jack Phillips, the owner of the Masterpiece Cakeshop, was not within his First Amendment rights when he refused to bake a cake for the gay couple, Charlie Craig and David Mullins. Although controversial, proponents of the First Amendment count this as a huge win. Perhaps even more surprising was that two liberal stalwarts on the high court, Stephen Breyer and Ruth Bader Ginsburg, joined their five more conservative colleagues in the majority, with Justice Ginsburg penning a majority opinion that elicited a strong