Implied Warranty of Fitness for Human consumption. The common law implied a spec
ID: 333383 • Letter: I
Question
Implied Warranty of Fitness for Human consumption.
The common law implied a special warranty – the implied warranty of fitness for human consumption – to food products. The UCC [Uniform Commercial Code] incorporates this warranty, which applies to food and drink consumed on or off the premises, within the implied warranty of merchantability. Restaurants, grocery stores, fast –food outlets, and vending-machine operators are all subject to this warranty. States use one of the following two tests in determining whether there has been a breach of the implied warranty of fitness for human consumption.
Foreign substance test. Under this test, a food product is un-merchantable if a foreign object in that product causes injury to a person. For example, the warranty would be breached if any injury were caused by a nail in a cherry pie. If the same injury were caused by a cherry pit in the pie, the pie would not be un-merchantable.
Consumer expectation test. The majority of states have adopted the modern consumer expectation test to determine the merchantability of food products. For example, under this implied warranty, if a person is injured by a chicken bon while eating a fried chicken, the injury is not actionable. However, the warranty would be breached if a person were injured by a chicken bone while eating a chicken salad sandwich. This is because a consumer would expect that the food preparer would have removed all bones from the chicken prior to preparing the chicken salad.
Fact pattern 19.1
Implied Warranty of Fitness for Human Consumption – Tina Keperwas went to a Publix Supermarket in Florida and bought a can of Doxsee Brand Clam Chowder. Keperwas opened the can of soup and prepared it at home. While eating the chowder, she bit down on a clamshell and injured one of her molars. Keperwas filed suit against Publix and Doxss for breach of an implied warranty. In the law suit, Keperwas alleged that the clam chowder “was not fit for use as food, but was defective, unwholesome, and unfit for human consumption” and “was in such condition as to be dangerous to life and health” At the trial, Doxsee’s general manager testified as to the state-of-the-art methods Doxsee uses in preparing its chowder. Are Publix supermarkets and Doxsee liable for the injury to Keperwas’ tooth?
Yes No Explain your answer.
Explanation / Answer
No, Publix supermarkets and Doxsee are not liable for the injury to Keperwas tooth.
In this case, Doxee brand Clam chowder . Mostly whole clams are used to prepare clam chowder. And as Doxsee's general manager also explained about testified as to the state-of-art methods they uses in preparing its chowder, it clearly means that the product is fit for human consumption.