Stella bought a cup of coffee at the Roasted Bean Drive- Thru. The coffee had been heated
Question:
Stella bought a cup of coffee at the Roasted Bean Drive-
Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup collapsed, spilling the contents onto her lap. To recover for third-degree burns on her thighs, Stella filed a suit against the Roasted Bean.
Can Stella recover for breach of the implied warranty of merchantability? Yes. An implied warranty of merchantability arises in every ______________ of goods made by a merchant who deals in goods of the kind. Goods that are merchantable are ______________ for the ordinary purposes for which such goods are ______________.
Merchantable goods can include merchantable food, such as clam chowder or coffee. Merchantable food is food that is ______________ to eat or drink on the basis of consumer expectations. A consumer should reasonably expect hot coffee to be hot, but not so hot that it causes third-degree burns.
Step by Step Answer:
Business Law Text And Exercises
ISBN: 9780357717417
10th Edition
Authors: Roger LeRoy Miller, William E. Hollowell