Italian restaurant specializing in venetian cuisine

Assignment Help Operation Management

Reference no: EM132211185

The three of you ate out last night at a local establishment in Anderson called "Via Egnatia," an Italian restaurant specializing in Venetian cuisine. You all had the daily special – a delightful Chicken Parmesan dish. Unfortunately, you awoke in the middle of the night with chronic stomach pains and sickness, which were so bad, you had to make a trip to the emergency room of Anderson Hospital. After spending several hours at the hospital, the doctors diagnosed food poisoning, and sent you home. You had to pay a $500 emergency room co-pay, as well as $20 for medication. You arrived back at your room exhausted, in discomfort and needing to rest. You take the medication given to you by the hospital and fall asleep.

When you wake up, you’ve received a text from Mitch that indicates he too was sick in the night, as was Mr. Wozniack. It seems all three of you have had very similar symptoms. Mitch has apparently already been on the phone to the manager of Via Egnatia to complain, but the manager of the restaurant denies all responsibility. He denies any liability, arguing that there was nothing in writing, and therefore no contract. The manager also apparently told Mitch that in any case, on the back of every menu is a sentence that states, “The management of Via Egnatia limit all remedies and liability to 0.01c.”

Mitch has had to cancel all of his appointments today, which means he stands to lose around $1,500 in client fees! He is not happy to say the least. He’s asked you to send him an email with your opinion about whether there’s anything that can be done against Via Egnatia.

You think about this for a moment, before scribbling a few questions on a notepad next to your bed:

If there was nothing agreed in writing, was there still a contract? If it can be argued there was a contract, were there any terms that might deal with the quality of the food?

What are your contractual remedies against Via Egnatia (if any)?

In the back of your mind you seem to remember a landmark case that dealt with the implied term of merchantability, and decide that you need to go back to your notes to look that case up. You’re fairly certain it had something to do with a restaurant….

Are there any other remedies available to you under the civil law?

Reference no: EM132211185

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