Your head chef informed you that the latest shipment of supposedly sashimi grade

Question

Your head chef informed you that the latest shipment of supposedly sashimi grade tuna, valued at $5,000, is actually previously frozen tuna steak grade that he would not even feed to his cat; so he threw it away.

What area(s) of law are involved in this situation?

If plaintiff – what do you need to prove to win the case? If defendant – what defenses can you raise?

If this went to trial, who would win and why? You should refer to specific laws (i.e. Constitutional provisions, statutes, case law) to support your conclusion.

Explanation / Answer

This case coming under Torts,

Strict liability torts type, It means carried out the rules and regulation for any activity may cause harm or incurred some liability that happened for society welfare or protection.

Plaintiff, there is two choice

1) If I want to win, I want to produce sashimi grade tuna is in good condition and what head chef had reported to me that was false statement.

2)I am not able to win the case, If my head chef had reported to me that is true statement.

If, this case went to trial, certainly head chef(defendant) would win because chef saved life of others and save the monetary to the own, because if sashimi grade tuna cooked and eaten by anybody it cause disease to them, after that customer may filed a suit against the plaintiff according to Strict liability torts. Plaintiff must pay the amount for the customer for disease caused recovery to them. So Head chef save the owner and public from the high risk.

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