Under the Sales Act, it does not matter whether it was established on the evidence that the transaction between the plaintiff and the defendant was a sale of food, or a contract for entertainment, in order to be submitted to a jury. 1 The service of food by the defendant is a “sale” under the sales act, St. 1908, c. 237, §15(1).

PropertyValue
dbpprop:abstract
  • Under the Sales Act, it does not matter whether it was established on the evidence that the transaction between the plaintiff and the defendant was a sale of food, or a contract for entertainment, in order to be submitted to a jury. 1 The service of food by the defendant is a “sale” under the sales act, St. 1908, c. 237, §15(1). Under tort law, when the keeper of a public eating place supplies food to a person who has supplied consideration to be served with food for immediate consumption, the keeper has an implied duty to furnish food to eat. However, there is additionally a contract relationship between these parties. When a restaurant supplies a meal to a customer (customer making known, as the purpose for which food is required, that it is to be eaten), then a sale of food occurs (by the terms of the Sales Act, § 15, subd.1). Accordingly, there is an implied warranty it is reasonably fit for consumption, and the restaurant can be liable for breach of this contract, and not merely for negligence. 2Food for immediate use, which is not fit to eat, is not merchantable as food. In an action for breach of an implied warranty of fitness of food served by a restaurant, whether plaintiff was or was not in the exercise of “due care” was immaterial; the term being one of the law of torts. Instead -- whether the transaction established on the evidence between the plaintiff and the defendant be treated as a sale of food or as a contract for entertainment -- there are relevant facts to be submitted to the jury, including: whether rational investigation of the character of the food was made by plaintiff, and whether its noxious nature should have been discovered.
rdfs:comment
  • Under the Sales Act, it does not matter whether it was established on the evidence that the transaction between the plaintiff and the defendant was a sale of food, or a contract for entertainment, in order to be submitted to a jury. 1 The service of food by the defendant is a “sale” under the sales act, St. 1908, c. 237, §15(1).
rdfs:label
  • Friend v. Childs Dining Hall Co.
skos:subject
foaf:page