Legal Question in Consumer Law in Florida

Went to dinner and had an awful experience when I told the management I wasnt willing to pay for the awful food I was told by the owner he would call the police I am thinking I would have won the argument if I had called his bluff as long as I didnt make an ass out of myself but I am curious how the law applies to this senario


Asked on 12/16/10, 7:46 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

When did you discover the food was awful? On the first or last bite?

If you ate it, and didn't call the problem to the attention of the manager, until it was time to pay the bill, then you must pay. The law says that you accepted his offer of food for a price when you ordered from his menu, this means you had a contract. Once he delivered the food, his performance under the contract was complete, unless the food was not as described on the menu, or was not of standard quality for the type of restaurant. BUT you had a duty to notify him of the nonconforming goods that were delivered in order to not be liable under the contract. AND you had to notify him at such a time that he could have cured the defect.

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Answered on 12/21/10, 8:42 am


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