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McDonald's sued



 
 
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  #1  
Old November 23rd 08, 10:55 AM posted to uk.legal
johannes
external usenet poster
 
Posts: 19
Default McDonald's sued

Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD staff
posted the pictures; they could have been posted by anyone or even the couple
themselves.
  #2  
Old November 23rd 08, 10:03 PM posted to uk.legal
Phi[_2_]
external usenet poster
 
Posts: 121
Default McDonald's sued

On Sun, 23 Nov 2008 10:55:34 +0000, johannes wrote:

Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD staff
posted the pictures; they could have been posted by anyone or even the
couple themselves.


I noticed in the report I read, their ages were not listed. Strange
because in almost all other news reports the ages of the subjects are
displayed.
  #3  
Old November 25th 08, 01:30 PM posted to uk.legal
didds
external usenet poster
 
Posts: 33
Default McDonald's sued

On 23 Nov, 10:55, johannes wrote:
Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD staff
posted the pictures; they could have been posted by anyone or even the couple
themselves.


this is america.


anything could happen in the next 5 minutes etc etc etc.

didds
  #4  
Old November 26th 08, 07:56 PM posted to uk.legal
Richard Miller
external usenet poster
 
Posts: 8,137
Default McDonald's sued

In message
,
didds writes
On 23 Nov, 10:55, johannes wrote:
Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD staff
posted the pictures; they could have been posted by anyone or even the couple
themselves.


this is america.


anything could happen in the next 5 minutes etc etc etc.

didds


As usual, one key point is omitted from many of the comments on the
story. A member of McDonalds staff promised to keep the phone safe for
the couple to collect. It was - or so it would appear - while the phone
was admittedly in the direct custody and control of McDonalds that this
happened. That being the case, then on the principle of vicarious
liability, I would give such a claim a pretty good chance of succeeding
even under our law.
--
Richard Miller
  #5  
Old November 26th 08, 09:34 PM posted to uk.legal
Johannes Andersen
external usenet poster
 
Posts: 51
Default McDonald's sued



Richard Miller wrote:

In message
,
didds writes
On 23 Nov, 10:55, johannes wrote:
Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD staff
posted the pictures; they could have been posted by anyone or even the couple
themselves.


this is america.


anything could happen in the next 5 minutes etc etc etc.

didds


As usual, one key point is omitted from many of the comments on the
story. A member of McDonalds staff promised to keep the phone safe for
the couple to collect. It was - or so it would appear - while the phone
was admittedly in the direct custody and control of McDonalds that this
happened. That being the case, then on the principle of vicarious
liability, I would give such a claim a pretty good chance of succeeding
even under our law.
--
Richard Miller


But the photo could have been posted onto the internet by someone else while
the phone was in the custody and control of McDonalds. That photo might not
necessarily have come from the phone... They would have to prove more than
the coincidence of time.
  #6  
Old November 26th 08, 09:41 PM posted to uk.legal
Mr X[_3_]
external usenet poster
 
Posts: 635
Default McDonald's sued


"Johannes Andersen" wrote in message
...


Richard Miller wrote:

In message
,
didds writes
On 23 Nov, 10:55, johannes wrote:
Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD
staff
posted the pictures; they could have been posted by anyone or even the
couple
themselves.

this is america.


anything could happen in the next 5 minutes etc etc etc.

didds


As usual, one key point is omitted from many of the comments on the
story. A member of McDonalds staff promised to keep the phone safe for
the couple to collect. It was - or so it would appear - while the phone
was admittedly in the direct custody and control of McDonalds that this
happened. That being the case, then on the principle of vicarious
liability, I would give such a claim a pretty good chance of succeeding
even under our law.
--
Richard Miller


But the photo could have been posted onto the internet by someone else
while
the phone was in the custody and control of McDonalds. That photo might
not
necessarily have come from the phone... They would have to prove more
than
the coincidence of time.

Should be possible to check the phone and see if it was downloaded while in
the possession of McD.


  #7  
Old November 29th 08, 09:42 AM posted to uk.legal
johannes
external usenet poster
 
Posts: 48
Default McDonald's sued



Mr X wrote:

"Johannes Andersen" wrote in message
...


Richard Miller wrote:

In message
,
didds writes
On 23 Nov, 10:55, johannes wrote:
Another lottery grab?

http://news.bbc.co.uk/1/hi/world/americas/7744345.stm

I can't see how it will succeed, they would have to prove that McD
staff
posted the pictures; they could have been posted by anyone or even the
couple
themselves.

this is america.


anything could happen in the next 5 minutes etc etc etc.

didds

As usual, one key point is omitted from many of the comments on the
story. A member of McDonalds staff promised to keep the phone safe for
the couple to collect. It was - or so it would appear - while the phone
was admittedly in the direct custody and control of McDonalds that this
happened. That being the case, then on the principle of vicarious
liability, I would give such a claim a pretty good chance of succeeding
even under our law.
--
Richard Miller


But the photo could have been posted onto the internet by someone else
while
the phone was in the custody and control of McDonalds. That photo might
not
necessarily have come from the phone... They would have to prove more
than
the coincidence of time.

Should be possible to check the phone and see if it was downloaded while in
the possession of McD.


You mean, if photo was uploaded directly from the phone... That would be the
only viable proof.
 




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