The three of you ate out last night at a local establishment in Anderson called

Question

The three of you ate out last night at a local establishment in Anderson called "Via Egnatia," an Italian restaurant specializing in Venetian cuisine. You all had the daily special – a delightful Chicken Parmesan dish. Unfortunately, you awoke in the middle of the night with chronic stomach pains and sickness, which were so bad, you had to make a trip to the emergency room of Anderson Hospital. After spending several hours at the hospital, the doctors diagnosed food poisoning, and sent you home. You had to pay a $500 emergency room co-pay, as well as $20 for medication. You arrived back at your room exhausted, in discomfort and needing to rest. You take the medication given to you by the hospital and fall asleep.

When you wake up, you’ve received a text from Mitch that indicates he too was sick in the night, as was Mr. Wozniack. It seems all three of you have had very similar symptoms. Mitch has apparently already been on the phone to the manager of Via Egnatia to complain, but the manager of the restaurant denies all responsibility. He denies any liability, arguing that there was nothing in writing, and therefore no contract. The manager also apparently told Mitch that in any case, on the back of every menu is a sentence that states, “The management of Via Egnatia limit all remedies and liability to 0.01c.”

Mitch has had to cancel all of his appointments today, which means he stands to lose around $1,500 in client fees! He is not happy to say the least. He’s asked you to send him an email with your opinion about whether there’s anything that can be done against Via Egnatia.

You think about this for a moment, before scribbling a few questions on a notepad next to your bed:

If there was nothing agreed in writing, was there still a contract? If it can be argued there was a contract, were there any terms that might deal with the quality of the food?

What are your contractual remedies against Via Egnatia (if any)?

In the back of your mind you seem to remember a landmark case that dealt with the implied term of merchantability, and decide that you need to go back to your notes to look that case up. You’re fairly certain it had something to do with a restaurant….

Are there any other remedies available to you under the civil law?

Explanation / Answer

In this case there is no Direct an explicit contract in place. But restaurant via Egnatia, having served food is directly responsible for losses that has been caused by the food . Ask the restaurant is a service provider in exchange of money it automatically gets into a contract for providing in exchange of money .

And so they are liable for any faulty food delivery which is not supposed to have quality and quantity in exchange for the money should be correct and if not they can be penalise for wrongful service .

In this case the damages caused by the restaurant can be asked for correctly or otherwise restaurant can be sued for even higher amount because the damage is this cost along with the punitive damages that can be thought off which could affect population by the poor service of the restaurant . In this case there are multiple people suffering from the same ailment after eating the food there is certain degree of accuracy that there will be some damages which can be offered. The damage can be from the minimum of the amount spent by the users plus the amount to Food it should be reimbursed to several million as damages due to harassment and including the Punitive damages make the restaurant more responsible for future

There are several l laws that can be applied , One could be accidental damage and tort regarding damages caused due to carelessness . Deliberate Selling of damaged foods causing public health Hazard .

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