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  1. #1
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    pointless and off-topic question

    This pointless legal query has nothing to do with domains or the internet or trademarks, hence the off-topic subject title.

    anyway, i was the only customer in a restaurant yesterday afternoon and I purchased a small pizza to eat. when they brought it out to me, it was seriously burned. would it have been legal for me to refuse to pay for it (before eating it, of course)? Or once I enter into a contract -by ordering something from the menu- am I obliged to purchase it even if it comes out looking severely burned and subpar?

  2. #2
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    Re: pointless and off-topic question

    Did you ask for a burned pizza?. Obviously not. I would've sent it back and demanded a real pizza. I would've also demanded that they would pay for the meal. Why should you wait even longer to receive what you already ordered?. Personally though, I don't mind my pizza's a little burned.

    I've returned food many times at restaurants. One occasion I remember was pretty bad. I ordered a well done steak. After about 45 minutes, my table got our food. My steak was rare. I returned it and told them I requested a well done steak. 20 minutes later when everyone else was finishing up eating, here comes my steak. Its was still rare. After that, I asked to see the manager, and after a bit of discussion, my table was paid for by the restaurant, and I never returned. I stopped off at A&W on the way home.

    RMF

  3. #3
    Philadelphia Lawyer
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    Re: pointless and off-topic question

    Food comes with an implied warranty of fitness for consumption.

    That can be a judgment call in some instances, but I have never heard of a restaurant of any kind that will not take back food to which the patron objects.

    However, bad food does not entitle you to hit the lottery:

    http://groups.google.com/groups?selm...&output=gplain
    John Berryhill Ph.d., esq.
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  4. #4
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    Re: pointless and off-topic question

    I think food can entitle you to hit the "lottery". I think many people have proven that it can. It just depends on the situation. A burned pizza isn't going to do it, but a finger in your burger will.

    RMF

  5. #5
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    Re: pointless and off-topic question

    "a finger in your burger will"

    Arguing against popular mythology is like spitting into the wind around here.

    I will make a long story short and just tell you that the insurance industry spends a lot of time, money and effort into fostering the perception that billions of dollars are going up in smoke via frivolous lawsuits. Yet, mysteriously, relative to almost any business you want to name, the insurance industry has outstandingly wide profit margins.

    Amazing innit?
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  6. #6
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    Re: pointless and off-topic question

    Anyone ever seen any of those TV shows with hidden cameras showing what happens to food for someone who complains ... uggh - eat at home folks :-D

  7. #7
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    Re: pointless and off-topic question

    Anyone ever seen any of those TV shows with hidden cameras showing what happens to food for someone who complains ... uggh - eat at home folks
    Restaurants From Hell. I *strongly* advise never to have your food returned unless you are at a well reputed restaurant (even then, complain wihth caution)

  8. #8
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    Re: pointless and off-topic question

    John Berryhill Ph.d., esq.
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  9. #9
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    Re: pointless and off-topic question

    this applies even to ordering food.
    I wont name the company, as it is a well esstablished pizza company based in the US with worldwide outlets.
    2 years ago, someone complained and returned the 2 pizzas they ordered because they arrived 1 hour and 15 minutes later, and were the wrong pizzas.

    When the final delivery came, another hour after that, the person was suspicious as he had caused trouble, and the pizza mamnager of the certain outlet of the chain said that he might loose his job if the person complaints (which he did complaint).

    The person took the pizza to the local government lab authority here (a chem based lab that is similar to the FDA in the US) and semen was found in the pizza as well as saliva.
    DNA confirmed it came from one of the employees at the chain...
    It was setlled out of court, but I have never since ordered from that place.
    Seek... And you shall Find

  10. #10
    Philadelphia Lawyer
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    Re: pointless and off-topic question

    I find that story a little difficult to swallow.
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  11. #11
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    Re: pointless and off-topic question

    Here's your pizza story with just aslightly differnt take..

    http://urbanlegends.about.com/librar...y/aa012799.htm

    And also came across this bit..

    Below are popular urban legends -- some true, some myths -- to serve as an introduction to the survey that follows.

    During a biology/human sexuality class, the professor explains that semen is mostly sugar. A young coed blurts out, "Well, why does it taste so salty?" She quickly leaves the class which is roaring with laughter.

  12. #12
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    Re: pointless and off-topic question

    Quote Originally Posted by RMF
    I would've sent it back and demanded a real pizza.
    You have more nerve than I have.

    Going to a restaurant, ordering a meal, then "demanding" better food is very risky.

    If you've done that often, you've eaten plenty of stuff which isn't on anyone's menu.

  13. #13
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    Re: pointless and off-topic question

    I've worked as a manager for larger chains during college and people complain everyday, it's just part of the business. But I never heard of anyone tampering with food like that. Honestly, you should be more concerned that the person did not wash their hands before making the food (which happens all the time) than about them doing anything bad to it.
    cheers!

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