Darryl Ate a Piece of Chocolate Fudge Nut Cake at a Restaurant

question 44

Multiple Choice

Darryl ate a piece of chocolate fudge nut cake at a restaurant and was injured when he swallowed a piece of a nutshell. Which of the following is true?

• A) Under the foreign/natural test, the restaurant would not be liable because the nutshell is a foreign object.
• B) Under the reasonable expectation test, the restaurant would be liable because a diner does not reasonably expect a nutshell in a piece of nut cake.
• C) Under the reasonable expectation test, the restaurant would not be liable because a diner should reasonably expect a nutshell in a piece of nut cake.
• D) The restaurant will not be liable because a nutshell is not dangerous to diners.

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Definitions:

Abdominal Aorta

The major blood vessel in the abdomen that supplies blood to the lower part of the body.

Gastric Artery

Any of the arteries supplying blood to the stomach, vital for providing the necessary oxygen and nutrients for gastric function.

Ductus Arteriosus

A fetal blood vessel connecting the pulmonary artery to the aortic arch, allowing most of the blood to bypass the fetus's developing lungs.

Foramen Ovale

An opening in the septum between the two atria of the heart in the fetus, which normally closes soon after birth.