In applying the "foreign substance/natural substance" liability test in the sale of food or drink, some courts refuse to impose warranty liability if the thing in the food that caused the harm was naturally present.

Question

Quizplus · Accepted Answer

Some courts may find that if the harmful substance was naturally present in the food, the seller cannot be held liable under a warranty theory. This is because the harm may be seen as an inherent risk of consuming the food, and the seller would not be able to reasonably prevent the presence of the substance. However, this may vary by jurisdiction and specific circumstances of the case.

In Applying the "Foreign Substance/natural Substance" Liability Test in the Sale