Based on course materials covered to date, what other claims might Mr. Gee have made against White Spot? Why do you feel that another Cause of Action would have been more or less likely to succeed?

Mr Gee developed botulism after eating a meal at the defendant's restaurant. Claiming that the food he had purchased fell within the definition of "goods," he sued for damages under the Sale of Goods Act. The restaurant responded by arguing that the contract was for the preparation of a meal, which is a service.

The judge stressed that a contract does not have to deal exclusively with goods to fall within the Act. He then found in favour of Mr Gee for two main reasons. First, he held that a customer's primary purpose in ordering a meal in a restaurant usually is not to receive the services of a cook and a waiter, but rather to receive the food itself. Second, the judge was influenced by the fact that consumers like Mr Gee are better protected from defective goods if they are allowed to sue under the Sale of Goods Act.