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Darryl Ate a Piece of Chocolate Fudge Nut Cake at a Restaurant

Question 12

Multiple Choice

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.

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