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Niko Orders a Steak in a Restaurant

Question 31

Multiple Choice

Niko orders a steak in a restaurant.When the waiter returns, he regretfully informs Niko that there is no more steak.Instead, he offers Niko a lamb chop.Niko accepts as he is hungry and does not want to make a fuss.At the end of the meal, he refuses to pay the bill, claiming that the restaurant was in breach of its contract to serve him the steak that he ordered.Which is correct?


A) The restaurant is in breach of the statutory implied term relating to description.
B) The restaurant is in breach of an express term of the contract.
C) The restaurant is in breach both of an implied term as to description of goods and of an express term of the contract.
D) Niko accepted the restaurant's offer of a lamb chop instead of steak, and therefore has no legal remedy.

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