lecture%2011.1%20food.liability.%20HFT3600-1 - 1Lecture...

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1 Lecture 11.1 - Food Liability Historically, food purveyors have been held liable for damages caused by foods which were found to be dangerous either in their production, handling, cooking or serving. Examples: Production danger - poisonous mushrooms, fish with ciguatera Handling - poultry with bacteria from processing machines Cooking - undercooked pork; trichinosis, salmonella Serving - unrefrigerated foods which spoil before serving Uniform Commercial Code was produced by a team of lawyers to provide uniform legal standards for commercial transactions, including such things as food service. Most, if not all, states have adopted a form of the Uniform Commercial Code to allow businesses to operate across state lines without having to apply completely different standards in different states. The UCC applies to issues of contract, negligence and particular transactions such as checking drafts, security instruments (mortgages, guarantees, etc.) The UCC primarily applies to the sale of all types of goods and services. The variations from state to state are relatively minor. Of concern here are the liabilities for food sales. Implied Warranty of Merchantability UCC 2-314(1): Unless excluded or modified (Sec. 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. Implied Warranty of Fitness for a Particular Purpose
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This note was uploaded on 03/08/2011 for the course HFT 3600 taught by Professor Boyd during the Spring '11 term at FIU.

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lecture%2011.1%20food.liability.%20HFT3600-1 - 1Lecture...

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