Legal Question in Business Law in Texas

Caterer's Responsibility Regarding Leftover Food

Recently we catered an event for a local charity. Due to the nature of the event, we agreed to provide the catering for cost. The charity provided the meat, plates, utensils and cups. Our contract is minimal and did not state what would happen to any leftover food we prepared.

We cooked the meat and other items, served the food buffet style, and cleaned the facilities as agreed. This was done at the local Civic Center and the facilities had to be cleaned and all food removed.

We never discussed what would happen to the leftovers and no one asked until 6 days later. We had packed the leftovers up and disposed of them. The customer now wants a refund for the cooked meat that was removed.

Let me mention that we served more meals than agreed to, provided additional beverages, and the meat was not defrosted as agreed, so massive additional cooking was required.

I am seeking out other caters to see what is ususual and customary in food disposal, but I wondered if anyone had an opinion about wether a refund was recommended.


Asked on 6/02/05, 7:45 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Caterer's Responsibility Regarding Leftover Food

Calculate the additional costs incurred for the extra serving, beverages, etc. and see how that compares with the alleged cost of the left-over meat. That will give you a bargaining point.

If they wanted the left-over meat, they should have pitched in with the cleanup and took the meat then, or raised the issue. The ultimate question is whether the hassle of fighting with a charity is worthwhile.

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Answered on 6/03/05, 6:38 am


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