CH. 6: The Restaurant Sector- Food

Question 1

a restaurant can refuse to serve someone when

Answer 1

there is a shortage of food

Question 2

does food sold in restaurants need to be tasty/ nutritious?

Answer 2

No- must fit for human consumption & merchantable quality

Question 3

res ipsa loquitur apply to restaurants:

Answer 3

when a patron suffers an injury/ illness as a result of eating/ drinking, mere proof that the restaurant served the food/ drink is enough

Question 4

3 breaches in terms of food standards

Answer 4

foreign objects, diseases, poisons

Question 5

will a restaurant be found liable even though the problem w. the food originated w. the manufacturer?

Answer 5

yes, although they can make a 3rd perty claim on the manufacturer

Question 6

major causes of food poisoning:

Answer 6

Contaminated raw material
Cross contamination from raw- cooked food
Improper thawing, cooling, or heat retention
Inadequate reheating/ cooking
too much time b/w prep. & ingestion
unsanitary kitchen & equipment
Infected persons handling the food

Question 7

2 tests applied to objects found in food

Answer 7

The foreign/ natural test

The reasonable expectation test

Question 8

Cases of food poisoning reported each year in Canada

Answer 8

10000+

Question 9

3 things need to be proven to provide a cause of action for negligence:

Answer 9

• That the establishment= an occupier
• establishment has breached a duty
• the breach of duty= cause of an injury

Question 10

Neighbour principle

Answer 10

person who becomes ill but did not pay for the meal can sue establishment

Question 11

food poisoning from poultry

Answer 11

salmonella

Question 12

food poisoning from pork

Answer 12

trichinosis

Question 13

poisoning from hamburgers

Answer 13

E Coli