Stella Bought a Cup of Coffee at the Drive-Through Window

question 155

Multiple Choice

Stella bought a cup of coffee at the drive-through window at a coffee shop. Holding the cup between her knees and attempting to take off the lid to add cream, she spilled the coffee. She suffered burns to her thighs. If this happened in Canada, which of the following would be true?

• A) If Stella sues the coffee shop for negligence, she will only have to prove that the company owed her a duty of care.
• B) If Stella sues the coffee shop, the company's best argument is that it didn't owe her a duty of care.
• C) To succeed with the defence that she volunteered to take the risk, the coffee shop would have to prove that she deliberately spilled the coffee.
• D) If the coffee shop claims there was no way to reasonably foresee that Stella would be harmed, the plaintiff's case would be dismissed even though she suffered burns.
• E) If the court finds the plaintiff contributorily negligent causing 60% of her loss, she will not be compensated for the 60% by the defendant.

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Definitions:

Mutation

A change in the DNA sequence within a gene or chromosome of an organism resulting in the creation of a new character or trait not found in the parental type.

Isolation

The process or state of being separated from others, which can be physical, social, or emotional.

Geographical Radiation

The spread of a group of organisms into different habitats across different geographical areas, often resulting in the diversity of the group adapting to various environments.