Law, Business, and Society 9th Edition by Tony McAdams

Exercise 46

The plaintiff, born and raised in New England, was eating fish chowder at a restaurant when a fish bone lodged in her throat. The bone was removed, and the plaintiff sued the restaurant, claiming a breach of implied warranty under the UCC. Evidence was offered at trial to show that fish chowder recipes commonly did not provide for removal of bones. Decide. Explain. See Webster v. Blue Ship Tea Room, 198 N.E.2d 309 (Mass. S. Jud. Ct. 1964).