Exam 11: Liability and the Sale of Food

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

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

(True/False)
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Restaurateurs and tavern keepers have a duty to protect customers from ____________________.

(Short Answer)
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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.

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

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The FDA mandates the food and drug industry.

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

(Short Answer)
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Which of the following is not a breach of the warranty of merchantability?

(Multiple Choice)
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The warranty of merchantability applies when a supplier delivers ordered food to a restaurant.

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

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

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

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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.

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

(True/False)
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Which of the following is not true about kosher food?

(Multiple Choice)
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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 ____________________.

(Short Answer)
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If a restaurant is unable to control an unruly diner, an employee should ______________________________.

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

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

(Short Answer)
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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.

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