Facts: Coulter, the Plaintiff, purchased donuts from the defendants American Bakeries Co. After eating a few of the doughnuts she felt something in her throat. She received X-Rays that day which showed a piece of donut containing a metal wire that subsequently caused her injury.
Issue: Is the defendant guilty of breach of implied warranty of merchantability due to the Reasonable Expectation Test?
Rule: Food to be merchantable must be fit for human consumption. The Reasonable Expectation Test states that if an object in the food is not reasonably anticipated by the consumer it constitutes breach of warranty and is unfit.
Analysis: If the defendant was undergoing orthodontic care and wearing braces, one