Webster V Blue Ship Tea Room Case Study

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I INTRODUCTION Webster V. Blue Ship Tea room is a case that brings up the interesting topic of product liability. The plaintiff, Priscilla D. Webster sues Blue Ship Tea Room. She claims damages under breach of implied warranty of food for injuries sustained while consuming a bowl of chowder at the defendant’s restaurant. She feels that a breach of implied warranty of merchantability has occurred under the Uniform Commercial Code . The Supreme Court of Massachusetts, Suffolk had to analyse New England Fish recipes before they could pass a judgement favouring the defendant. 3 II FACTS On the 25th of April, 1959, the plaintiff Priscilla D. Webster, her sister and her aunt were seated at the defendant’s restaurant in Boston on the third floor of an old building on T wharf overlooking the ocean. The plaintiff previously had her breakfast at about 9 A.M and was feeling perfectly fine without any complaints of sickness. The plaintiff, a native New Englander entered the defendant’s restaurant at around 1 P.M to have her lunch with her companions. She had ordered a cup of Clam chowder and Crab meat salad. A while later, she was told that the restaurant was out of Clam chowder. On hearing this, she opted a cup of Fish Chowder instead. The Fish Chowder placed before the plaintiff was a fairly full bowl mostly consisting of haddocks and potatoes which were found to be in chunks. It also contained milk, water and seasoning. The plaintiff described the chowder to be unclear and