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4/05/08, 1:29 am

Legal Question

Old Dutch Cheesy Puffcorn

I purchased a bag of Old Dutch Cheesy Puffcorn and before openning it noticed something black. After moving around the Puffcorn I saw there was a large peice of black (about 2 inches long and 1/2 an inch wide). I didn't open the bag. At this point I'm glad that I didn' purchase it for children or for the individuals (mentally retarded) that I work for!!! Anything I can do about it?

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Re: Old Dutch Cheesy Puffcorn This set of facts demonstrates the four parts of every tort case - liability, breach of li...

Answered By:

Stephen Lombardi

Re: Old Dutch Cheesy Puffcorn

This set of facts demonstrates the four parts of every tort case - liability, breach of liability, proximate cause and damages. In any tort case you need to prove all four parts. It also demonstrates the legal principle that the law expects us all to protect ourselves.

You bought a bag of food product and there was some foreign object in the bag. You didn't eat it and don't know what it is. Without having ingested it you suffered no personal injury. Without damages you do not have a tort case against this manufacturer. By seeing the foreign object in the bag and not eating it you protected you or at least did not expose yourself to harm in an unreasonable manner, which I repeat is good. Your only damage is the cost of the bag of Old Dutch Cheesy Puffcorn, which you should take back unopened, to the store where you purchased it for a full refund or exchange for a similar item. This is a contract claim for the promise by the seller to provide an edible food product being breached.

So while you do not have a tort claim you do have a breach of contract claim.

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