Monday, October 9, 2006

Tainted spinach anyone?

Forgive me, please, for the following post. I just can't help it.

I was reading the newspaper the other day, and came across an article about the whole tainted spinach/E. coli thing. For some reason, Contracts 2 came back to me in a flash, and I thought to myself, "I wonder if someone could sue for breach of express warranty. I mean, it says right there on the package 'Pre-washed, ready to eat.' That's why I buy it that way, because it suits my laziness. I trusted them. I would totally sue."

So, am I right? I would have gotten around to figuring it out, but I was so horrified that I had just had that thought that I chose to start drinking instead.

3 comments:

Some Girl said...

1) Drinking is always the right solution.

2) I'm not sure. The reason neither of us knows is that we spent KII IMing each other.

3) I was telling Heddy G about Last Holiday. It's the movie where Queen Latifah was misdiagnosed with a fatal disease due to a faulty CAT scan machine, and therefore learns to live every day to its fullest, goes on vacation, learns to dress well, to snowboard, and gets her man. Heddy G's immediate reaction: she could totally sue them for emotional distress for making her think she was going to die.

Some Girl said...

OK, law school has gotten to me as well. I can't stop thinking about it. I think it would depend on WHEN you ate the spinach.

B/c if you were one of the first, I think you have a valid breach claim, for all the reasons you mentioned. I mean, it says "ready to eat!" But if you ate it later, I think you'd be assuming the risk of e coli. Since you knew it wasn't "ready to eat," but instead was "ready to attack you."

As your attorney, I advise you to eat sushi with me instead. Safer.

The Fantabulous Heddy G said...

I vote sushi as well. MUCH safer. Love the kyoto

 
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