JD10367 |
05-16-2012 08:53 PM |
Quote:
Originally Posted by Rain Man
(Post 8620527)
Legally, it does indeed seem like an "all you can eat" contract is difficult to break. It's right there on the sign.
However, if he wants to be a legal beagle about that promise, there's nothing on the sign that promises the rate of service. Perhaps it's one shrimp per hour. And it says nothing about the means of delivery. Perhaps it's served inside a locked safe. And it says nothing at all about the type of seafood. Perhaps it's plankton.
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I'm not a lawyer, but I'd think there are rules about "exclusion of detail". In other words, given the facts on hand (i.e. what's promised, "all you can eat"), you have to apply logic only to those facts and can't extrapolate or assume or trick. If it says "all you can eat", and that's it, then it's reasonable to assume they, a restaurant, mean a.) the food in the restaurant and b.) that the food is both edible and usual in terms of quantity, service, delivery, etc.,. (Similar to how, in the reverse manner of protecting the store's rights against customers, a sign that says "no shoes, no shirt, no service" does not mean you can walk into a place with shoes, a shirt, and no pants or underwear on, and insist on service because they didn't specifically state "pants and underwear must be worn").
When it comes to buffets and "all you can eat", they all run that risk of having a severe fatty show up and pig out. But it's assumed that it all evens out in the wash, and for every fatty who pigs out you have someone who doesn't eat as much. Now, if this guy is a professional glutton, and he comes there routinely, then they probably should be smart enough to add some riders to the contract (as in my forementioned "two-hour time limit" or "only one plate at a time" or something). Otherwise, they have to feed him what he wants.
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