Problem
Hamburger Heaven ("HH") is a large fast food chain specializing in hamburgers and French fries. In response to customer requests, HH decided to add coffee to its menu. The style of container and lids were specially designed to prevent spills, as the temperature of the coffee was very hot.
Sawyer ordered a small coffee and burger from the drive-through window. HH was out of lids for the small cups, but the medium lids fit loosely on the small cups, so the server put a medium lid on the small cup. When she handed it to Sawyer she said, "Careful; the coffee's hot and we don't have the right size of lid for this cup."
Sawyer, who was in a hurry to get to the hockey rink for an important game, replied, "That's okay; I've got to be going." With that, Sawyer placed the coffee on the dash of his car and sped out of the lot. As he was leaving the parking lot, Sawyer's car hit a speed bump, spilling the coffee into his lap and burning him severely.
As a result of the burns, Sawyer missed playing in the hockey game. NHL scouts were in attendance and wouldn't be able to discover him (he was a truly exceptional hockey player). Sawyer feels that this was his big shot at an NHL career, and that by not playing in the game he blew his chances of ever being able to play professional hockey.
Sawyer has decided to sue HH for negligence, and claims HH owes him the amount of $50 million in general and special damages, for the exorbitant salary he would have made in the NHL.
Answer the following questions, and explain your answer in each case:
i. Does HH owe Sawyer a duty of care?
ii. Has HH breached the standard of care?
iii. Did Sawyer suffer damage? Describe his damages.
iv. Was the damage caused by the actions of HH?
v. Describe any defenses available to HH?