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| uk.legal (Legal Issues in the UK) (uk.legal) An unmoderated forum to discuss all aspects of legal issues within the UK. |
| Tags: mcdonalds, sued |
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#1
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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. |
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#2
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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. |
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#3
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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 |
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#4
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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 |
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#5
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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. |
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#6
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"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. |
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#7
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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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