Implied warranty - Foreign Substance Test & Consumer Expectation Test

ReadWebster v. Blue Ship Tea Room, Inc., 347 Mass 421

1.)On what facts was the plaintiff's case based.

2.a) What test did the court apply, and did it dismiss or allow her claim to go forward, and on what facts was this decision based?

2.b) Had the court applied the consumer exception test, would the result have been different?Please explain fully.

When I was a sleazypersonal injury attorney in Massachusetts, a client came in with an economic size bottle of BBQ sauce she had purchased.She used the sauce for about two weeks by plunging a brush into the jar and slathering sauce on meat for her family.One day, she hit something hard in the jar.She flipped the jar over to empty the contents, and out popped a mouse.

3.) In the case of the mouse, why was the defendant entitled to have the mouse tested by a Zoologist?