Stella bought a cup of coffee at the Roasted Bean Drive-Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup collapsed, spilling the contents on her lap. To recover for third-degree burns on her thighs, Stella filed a suit against the Roasted Bean. Can Stella recover for breach of warranty? Explain
Yes, Stella can recover for a breach of the implied warranty of merchantability.
An implied warranty of merchantability arises in every sale or lease of goods made by a merchant who deals in goods of the kind. Goods that are merchantable are fit for the ordinary purposes for which such goods are used. A sale of food or drink is a sale of goods. Merchantable food is food that is fit to eat or drink on the basis of consumer expectations. A consumer should reasonably expect hot coffee to be hot, but not to be so scalding that it causes third-degree burns.
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A. category B. random C. basic D. line E. natural
Why do cultures differ and persist?
What will be an ideal response?