Question

CHAPTER EIGHT: Your favorite burger place is Betty’s Burgers. One day you and a friend, George, stop and both of you order the same meal, the BIG ONE, rare with all the fixings.

When the server, Buzz, returns with the BIG ONES, the burgers are well done rather than rare.   You ask the server to have the BIG ONES redone, and he tells you that this is contrary to Betty’s Burgers policies.

In a huff, you stand and tell George that both of you are leaving without “paying a dime.”   Then, you and Buzz have the following conversation.

BUZZ: If you leave without paying, that is stealing, and I will call the police.

YOU: There is no contract. I never promised to pay.

BUZZ: Well, I am not a lawyer, but I think there was some kind of contract.

YOU: Well, if there was a contract, you breached it with that burnt burger, and I can just leave without paying.

Please answer the following questions. 1. Is there a contract, and, if so, what type.

2. Does either the server or you have the better legal argument about your choice to leave without paying?

Answer 1

1. There is no written contract. However, there is an agreement between Betty's Burger and the customers. The customers select and order their food. Betty's Burger serves it to the customer . The customer then pays. However, the restaurant has to serve the right product and service and in return the customer has to pay.

2. The server has better argument than you. Firstly, you ordered the burgers and did not specify that you wanted them rare and not well done. Secondly, Buzz has served as per your request and you ought to pay. Third, Buzz is following the restaurant's policy which is his duty.