Processed foods are produced and consumed worldwide. They provide numerous people with a quick and satisfying means for food and drink consumption. Manufacturers produce these items in vast batches, which can lead to the occasional faulty good. However, due to the implied warranty of fitness for human consumption, consumers continue to purchase processed foods on the assumption that they are safe to consume. In the case of Marion G. Goldman v. Food Lion, Incorporated, Goldman suffered injuries and dissatisfaction as a result of her assumption that the goods were safe to consume. In addition, Goldman should receive damages for her injures because it is a food manufacturer’s duty to ensure that their products are safe. In this case Goldman purchased a can of Food Lion brand peach halves from a Food Lion supermarket in Chesapeake, Virginia. Upon consuming the peaches, she bit down on a hard object, heard a crack, followed by pain, she spat out blood, and recovered a peach pit fragment from her mouth. Consequently, the pit fractured her lower denture which caused her pain and a …show more content…
need for dental repair. The presiding magistrate judge ruled that the peach pit fragment had rendered the peaches unfit for human consumption. Upon finding that Goldman reasonably incurred $12,000 in medical expenses due to the injuries caused by the peach pit fragment, the magistrate judge rendered a verdict in her favor for $20,000. The case raised two question of law before the court; whether or not a peach pit fragment in a can of peach halves rendered the food product unfit for human consumption; and “Goods to be merchantable must be at least such as ...
pass without objection in the trade under the contract description; and ... are fit for the ordinary purposes for which such goods are used”. I agree with the court’s ruling, because the peach pit fragment violated the consumer’s expectation test and the ordinary purpose for which such goods are used assumption. When eating a can of peach halves, an ordinary consumer would expect that the peaches are prepared in a manner that there are only peach flesh and juice or syrup in the can. In this case the can contained an additional element that was not expected to be in a can of peach halves. Additionally, as a result of this unexpected element a consumer sustained
injuries. The law of implied warranty of fitness for human consumption is based on assumption which is different depending on what an individual beliefs should be the standard. However, in cases such as this where a consumer is injured from an object that can generally be assumed should not be in a certain food product, the company should be held liable.
Friganim Importing Co. v. B.N.S. International Sales Corp. Facts: Friganim Importing Company sued B.N.S. claiming that B.N.S. breached warranties in two contracts that they had entered into. In the first of the two contracts, Frigalimnet had agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract consisted of 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. (smaller chickens where priced slightly higher in this contract than the first agreement)
Primrose claimed about the incident at Wal-Mart Stores, INC., that they were trying to cause any kind of harm to her. Based on the evidence that had been provided to the court have proved that the signs was clear enough to be seen by everyone around the area at that time. Moreover, Wal-Mart did not asking her to go around the display in order for her to transported the watermelon. The Judges thinks that the incident would not happened if Ms.Primrose can move her shopping cart closer so it would be easier for her to transferred the watermelon. Therefore, the Judges are agreed with the trial court’s decision to grant the defendant their motion for summary judgment, after it had been proven that the display was open and obvious to be seen by everyone and there’s no sign of any risk or mean to harm anyone. Also, Ms. Primrose was failed to prove her’s argues that she claimed above to support her liability to La. R.S. 9:2800.6, the Judges cannot impose any enforcement or duty upon the defendant. In conclusion, the three assignments of error cannot be
Q 1: Discuss how the SEC has influence (if any) over the audit of Smackey Dog Food, Inc
Companies nowadays are using different and strong methods in marketing their food products. The Companies are very competitive, and the results can affect the people. When we think about this job field, it is convincing that those producers should use cleverly ways to gain their own living. In the other side they shouldn’t use misleading ways that could harm the people. Food companies should be straightforward with every marketing method they use. People have the right to know what they are consuming and also to know the effects of these products on them, whether it is harmful, useful, or even neutral.
apples and pears and peaches were very fresh- and very deadly, their insides injected with
Tyson Foods has entered millions of homes in America and is seen as a convenient, healthy form of sustenance. This company portrays itself as a family company, that provides safe food for a growing world population; however, it is in fact contaminated and filled with deceit, deception, and fraudulence. Tyson vocalizes that it has the consumer’s best interest in mind, meanwhile its sole interest is its revenue. It manufactures second-rate chicken byproducts and disguises it as a healthy choice for families. It has been discovered that Tyson distributes contaminated foods, injects its products with antibiotics, and abuses its livestock; thus, society needs to prohibit such rancid foods from entering its homes and being fed to its children, and to put an end to the corrupt company’s empirical power.
“The passive American consumer, sitting down to a meal of pre-prepared or fast food, confronts a platter covered with inert, anonymous substances that have been processed, dyed, breaded, sauced, gravied, ground, pulped, strained, blended, prettified, and sanitized beyond resemblance to any creature that every lived (Berry 9).” This a great example that makes that makes us learn and think about when we eat a fast food product and also what it contains. This should a reason for us to be thinkful of the food products that we consume on a daily basis, and so do our
The SNHU pet food store has been successful for over 10 years, seeing the demand for all natural ingredients for pet food they decided to launch new line of all natural pet food. “Only Natural Pet Food” will be offered at all three location and online.
...pened my eyes to the health risks of the food I consume. There is a lot of health risks associated with the foods on the shelves at the supermarket. A food product I ate as a child was Lunchables. At the time I just thought the food was good. Although, now that I am aware of what I put in my body I try to look at the ingredient and the food products I consume before I consume them. The book also informed me of the deceitfulness of people in order to make a profit. A prime example in Chapter eleven is the Kraft Company. The Kraft Company state they want to decrease the amounts of salt, sugar and fat in their products. On the other hand, Kraft creates new products with an increased amount of these ingredients. Many companies state that they try to fulfill the desires of consumers. This idea is wrong. The consumers study what our body craves and uses it against us.
In today's time period we live in today more and more buildings are being developed and destroying the beautiful scenery that nature gives to us as a gift. In the poem “Where mountain lion lay down with deer “ by Leslie Marmon Silko is about a young girl describing the beautiful moments of her childhood. But she writes that in today's time period she does not see these beautiful scenery from nature because of all the new developments being constructed. Leslie Marmon’s “Where mountain lion lay down with deer” is a good work of literature because it uses imagery effectively, Relates to modern day conflicts and it makes the reader think. First Marmon’s “Where mountain lion lay down with deer” is a good story because it uses imagery effectively throughout the story , For example in the poem the narrator begins “I climb the black rock mountain”(line 1) the narrator makes the reader mentally visualize what's she saying making the poem more effective.
In her book Marion Nestle examines many aspects of the food industry that call for regulation and closer examination. Nestle was a member of the Food Advisory Committee to the Food and Drug Administration (FDA) in the 1990’s and therefore helps deem herself as a credible source of information to the audience. (Nestle 2003). Yet, with her wealth of knowledge and experience she narrates from a very candid and logical perspective, but her delivery of this knowled...
Every day in the United States, 200, 000 people are sickened by a food-borne disease. Schlosser’s urge for the consumer to assume responsibility for the travesties waged against American society by the fast-food industry is not a new idea.
More and More people are becoming concerned about what they eat, especially if they consume food products that are manufactured in food industries. However, it is hard to know what exactly you are consuming if food industries provide false nutrition content and mislead consumers by placing false advertisements on the packaging. When a company produces a product that contains misleading label, consumers are not receiving complete information about the food they are eating which could lead to health issues including allergies and problems with diabetes.
There are many debates around the world about the topic of animal abuse. Animal abuse in the food industry has become a major problem due to the cruel treatment of animals. Most of the world's population might think that animal cruelty is only found in homes and on the street, but they forget about the other forms of animal abuse that affect the food industry. Large contributors to animal abuse are due to fishing methods, animal testing, and slaughterhouses. "Animals have always been a major part of our society in history and they have played huge roles in agriculture" (ASPCA). Factory farming is a system of confining chickens, pigs, and cattle under strictly controlled conditions. Slaughterhouses are places where animals are killed
As I said before, in the U.S. some people are filing suits against fast food companies for causing their obesity and related sickness. It is clear that fast food is not so good for our health. Fast food contains lots of sodium, fat and cholesterol, and these ingredients make us overweight. Therefore, some people think that the ...