Deck 11: Liability and the Sale of Food

Question 1

According to the warranty of merchantability, goods sold must meet what standard?

A) They must be the best possible.
B) They must be least expensive.
C) They must be approved by an impartial evaluation process.
D) They must be of at least average quality and fit for their ordinary purpose.

Answer 1

D

Question 2

Which of the following are in privity of contract?

A) A guest and an innkeeper
B) A plaintiff and a defendant
C) A restaurateur and a person who reads the menu displayed in the restaurant window but chooses to eat elsewhere
D) A brother and a sister

Answer 2

A

Question 3

The basis for imposing the warranty of merchantability on sellers of goods is public policy for the protection of consumers.

Answer 3

True

Question 4

Warranty of merchantability and strict products liability are identical bases on which to sue for a defective product.

Question 5

Under the Uniform Commercial Code, a plaintiff who sues for breach of warranty of merchantability must be in privity of contract with the seller of the defective food.

Question 6

The Uniform Commercial Code is a set of rules designed to simplify and modernize the law governing sale of goods, including food.

Question 7

The Nutrition Labeling and Education Act requires that food labels contain a statement of the U.S recommended daily allowance the food product contains of total fat, carbohydrates, and fiber.

Question 8

Merchantable means the goods are not of good quality and fit for their ordinary purpose.

Question 9

The foreign natural substance test is foreign objects in food.

Question 10

Which of the following is not mandated by the regulations passed pursuant to the Nutrition Labeling and Education Act?

A) Mandatory nutritional labels for all packaged foods
B) Mandatory nutritional labels for all food served in a restaurant
C) Regulation and standardization of words such as "light," "cholesterol-free," and "low-calorie"
D) A statement on the label of the number of grams of total fat in the food, and the number of those grams that are derived from saturated fat

Question 11

Which of the following is a set of rules designed to simplify and modernize the law governing the sale of goods?

A) Dram shop acts
B) The Constitution
C) The Uniform Commercial Code
D) Stare decisis

Question 12

Darryl ate a piece of chocolate fudge nut cake at a restaurant and was injured when he swallowed a piece of a nutshell. Which of the following is true?

A) Under the foreign/natural test, the restaurant would not be liable because the nutshell is a foreign object.
B) Under the reasonable expectation test, the restaurant would be liable because a diner does not reasonably expect a nutshell in a piece of nut cake.
C) Under the reasonable expectation test, the restaurant would not be liable because a diner should reasonably expect a nutshell in a piece of nut cake.
D) The restaurant will not be liable because a nutshell is not dangerous to diners.

Question 13

Which of the following is not required for an action in strict products liability?

A) Defendant sold a product in a defective condition.
B) There was privity of contract between the plaintiff and the defendant.
C) Plaintiff suffered an injury.
D) The injury was caused by the defective product.

Question 14

Which of the following is not a breach of the warranty of merchantability?

A) Chicken soup is served without being heated so that its temperature is quite cold.
B) Pork is served without being properly cooked so that parasites that cause trichinosis are alive in it.
C) Macaroni salad is served with spoiled mayonnaise.
D) Contaminated meat is used in a stew.

Question 15

Which of the following is not true about kosher food?

A) It is food prepared consistent with religious requirements of the Jewish faith.
B) For meat to qualify as kosher, the animal from which the meat was obtained must have been slaughtered according to specified rules.
C) The preparation of kosher food by a restaurant or supplier must be supervised by a rabbi.
D) Both kosher and non-kosher meats can be sliced on the same machine without jeopardizing the kosher aspect of the kosher meat.

Question 16

A trend exists in which states are rejecting the foreign/natural test and instead adopting the reasonable expectation test.

Question 17

Patty ate a chocolate chip cookie and choked when a chocolate chip went down the wrong way. True or false: Because of the presence of the chocolate chips, the cookie breached the warranty of merchantability.

Question 18

The warranty of merchantability applies when a supplier delivers ordered food to a restaurant.

Question 19

After eating a meal at a fast-food restaurant, Mandy discovered that the nutritional content was very low. True or false: The meal violated the warranty of merchantability.

Question 20

Inappropriate objects in food will render it unmerchantable.

Question 21

The FDA mandates the food and drug industry.

Question 22

If an innkeeper purchased a couch for a guest room, and it collapsed when the first guest to occupy the room sat on it, the couch would violate the warranty of ____________________.

Question 23

To alleviate the privity requirement, most states have adopted a cause of action called ___________________________________.

Question 24

Class action is a suit pursued by many who were injured by the same cause.

Question 25

A diner can sue a restaurant when the server neglected to prepare the meal correctly.

Question 26

Trichinosis is an illness caused by eating raw or undercooked pork and wild game products infected with larvae.

Question 27

If a beverage is above boiling hot, the product does not need to be branded with "Caution, hot beverage."

Question 28

Customers who were injured eating walnut ice cream with the shell of the nut violates merchantability.

Question 29

Preparation of kosher food is supervised by a ____________________ or a designee.

Question 30

For training and the right to use a fast food name at a hotel, they pay a ____________________ fee.

Question 31

The law states that restaurants cannot be sued by claiming "fat free" or "low carb" on their menus when the dishes are not.

Question 32

A law passed by Congress in 1990 mandating certain information be placed on food labels is called the ____________________________________________________________.

Question 33

Kosher foods are a designation referring to food prepared consistent with Jewish religious requirements.

Question 34

The relationship between parties to a contract is called ___________________________________.

Question 35

If a restaurant is unable to control an unruly diner, an employee should ______________________________.

Question 36

Salmonella is a type of fungus.

Question 37

Many states have established laws that restrict ____________________ in many public buildings, including restaurants.

Question 38

The reasonable expectation test examining whether an object found in food ought to have been anticipated by the consumer.

Question 39

Laws that require restaurants to remove untruthful statements from their menus and advertisements are called _________________________ laws.

Question 40

An example of privity of contract is going in to the store and purchasing bad peas and suing the store.

Question 41

The number of states that have adopted the Uniform Commercial Code is ____________________________________________________________________.

Question 42

Smoking restrictions in restaurants and hotels are based on finding that ____________________________________________________________________.

Question 43

Restaurateurs and tavern keepers have a duty to protect customers from ____________________.

Question 44

When a fight breaks out at a bar, and it is unforeseen, the bar is not ____________________.

Question 45

The reasonable expectation test examines whether ____________________________________________________________________.

Question 46

In the UCC2-315, the number 2 refers to ____________________________________________________________________.