The plaintiff ordered a bowl of fish chowder at the well-known Blue Ship Tea Room in Boston. After eating a few spoonfuls, the plaintiff felt a fish bone lodge in her throat. She required medical care and sued the restaurant for breach of implied warranty of merchantability. The appellate court found in favor of the restaurant stating that customers who order fish chowder should anticipate having to remove some fish bones from their meal.

CASE QUESTIONS 1. Should chefs have to ensure that a dish like fish chowder is free of any fish bones?

2. Do you agree with the court’s decision? Explain.