Issue: Does the fish bone lurking in the fish chowder at the restaurant constitute a bleach of implied warranty?
Rule: Implied warranty of merchantability is a warranty of merchantability that is implied to serving food or drinks in a public establishment. Merchantable goods have to be applied for the original purposes.
Application: There were no recipes instructing the cook to guarantee the fish was bone-free. The Plaintiff, who ate the dish containing fish chowder, should have anticipated removing fish bones from her dish. The fish bone that injured the plaintiff did not damage the fish chowder’s wholesomeness.
Conclusion: The fish bone lurking in the fish chowder at the restaurant does not constitute a bleach of implied warranty.
Rule: Implied warranty of merchantability is a warranty of merchantability that is implied to serving food or drinks in a public establishment. Merchantable goods have to be applied for the original purposes.
Application: There were no recipes instructing the cook to guarantee the fish was bone-free. The Plaintiff, who ate the dish containing fish chowder, should have anticipated removing fish bones from her dish. The fish bone that injured the plaintiff did not damage the fish chowder’s wholesomeness.
Conclusion: The fish bone lurking in the fish chowder at the restaurant does not constitute a bleach of implied warranty.