Chapters_11_and_12_Outline

Chapters_11_and_12_Outline - CHAPTER 11 Liability and the...

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CHAPTER 11 Liability and the Sale of Food Adulterated Food False Food Claims Smoking Restrictions Safety Concerns Particular to Food Preparation Liability for Injured Patients
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Basics One out of every three meals eaten away from home. If unhealthy food served, serious health risks may result. To avoid risks, food must be edible and claims about the food must be truthful. Restaurants have duty to provide safe premises for patrons. Disregarding duty can result in liability for damages.
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Adulterated Food “Adulterated” means to make impure or inferior by adding foreign substances. Diner that is served food that causes illness has three possible grounds on which to sue: 1. Warranty of Mechantability 2. Strict Products Liability 3. Negligence
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Warranty of Merchantability Created by Uniform Commercial Code (UCC) – UCC applies to the sale of goods including food. “Warranty of Merchantability” is an implied warranty in contracts that goods are at least of average quality and fit for their ordinary purpose. Warrant do not have to be stated contract. It’s implied. Applies to sale of goods by a “merchant” – i.e., someone who engages in the business of selling a particular good. Warranty renders manufacturers and sellers of food insurers that food is edible and free of dangerous substances.
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Objects in Food Objects in food that may cause injury may breach the warranty of merchantability. Example – thumbtack in pizza. Not good!
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Foreign Natural Test One test for determining whether an object in food breaches the warranty of merchantability. Test – If the object is foreign – that is, unrelated to the components or ingredients of the product – the warranty is breached. If the object is natural, the warranty is not breached.
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Deris v. Finest Foods Plaintiff swallowed pieces of glass lodged in ice cream while eating a banana split. She successfully sued the restaurant that sold the ice cream. Glass is not natural to a banana split…
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Mix v. Ingersoll Candy Co. Plaintiff was injured by a chicken bone while eating a chicken pot pie in a restaurant. Restaurant was not liable. Although chicken bones are not expected in pot pie, they are natural to chicken.
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Reasonable Expectation Test This is becoming the more popular test. Examines whether an object in food should have been anticipated by the consumer. Test relies on culturally defined, widely shared standards that food products ought to meet. If object should be expected, its presence in the food does not breach the warranty. If the object should not be expected, it does breach the warranty.
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Examples The following may breach the warranty under the reasonable expectation test, but pass the foreign/natural test: Chicken bone in chicken pot pie Pit in cherry used as garnish on a dinner Nut shell in banana nut bread Bone in barbequed pork sandwich The outcome of this test is not always clear because reasonable people may disagree as to what is reasonable…
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Webster v. Blue Fish Tea Room
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This note was uploaded on 10/08/2011 for the course HTM 120 taught by Professor Staff during the Spring '11 term at S.F. State.

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Chapters_11_and_12_Outline - CHAPTER 11 Liability and the...

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