The restaurant under the implied warranty of merchantability


1. Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. This sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn one mile away. The barn houses dynamite, and the burning barn explodes, causing part of the roof to fall on and injure a passing motorist, Jim. Can Jim recover from Ruth? Why or why not? Please explain fully.

2. Ned purchased furniture for his new home from Frank's Furniture Center. Frank wrote up the sale of a sofa for $1,000 and a chair for $500, and gave Ned a copy of the bill which Frank signed. When the furniture was delivered two weeks later, Ned refused to accept it. Is this contract enforceable under the statute of frauds? Why or why not?

3. Peter ordered a chicken sandwich from a restaurant. While eating, he was injured by a chicken bone that lodged in his throat. If Peter sues the restaurant under the implied warranty of merchantability, should he recover damages? Discuss.

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Business Law and Ethics: The restaurant under the implied warranty of merchantability
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