Please answer the following by reading through the attached chapter-12 pdf1. Describe the Uniform Commercial Code and how it relates to selling food. Include discussion of the two tests to determine...

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Please answer the following by reading through the attached chapter-12 pdf1. Describe the Uniform Commercial Code and how it relates to selling food. Include discussion of the two tests to determine whether a foodservice establishment is liable to a guest for damages related to eating the food (write full sentences in paragraph form and include details from Chapter 12 in your own words to support your statements in every posting).2. Describe three specific strategies staff at a restaurant can take to reduce liability with regard to the food they serve and how they serve it(write full sentences in paragraph form and include details from Chapter12in your own words to support your statements in every posting).3.Discuss five key areas that should be addressed when training staff to serve alcohol responsibly(write full sentences in paragraph form and include details from Chapter12to support your statements in every posting).To earn points, submit well-developed postings before the due date. Apply details, lessons, and examples from the assigned textbook chapter in every posting (interpreted in your own words).


Chapter 1 © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Chapter 12 Your Responsibilities When Serving Food and Beverages Images used under license from Shutterstock.com © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Your Responsibilities When Serving Food and Beverages  Serving Food  Truth-In-Menu Laws  Serving Alcohol © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved In This Chapter, You Will Learn: 1. A foodservice establishment’s responsibilities, under the Uniform Commercial Code (UCC) and other laws to serve wholesome food and beverages. 2. To apply “truth-in-menu” concepts to the service of food and beverage products. 3. To assess the current legal risks associated with serving alcohol. 4. To implement training programs that result in the responsible service of alcohol. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Serving Food Uniform Commercial Code (UCC) Implied Warranty of Merchantability © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Serving Food  Legalese: Merchantable - Suitable for buying and selling. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Serving Food  Legalese: Foodborne Illness - Sickness or harm caused by the consumption of unsafe foods or beverages. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Liability Tests  Foreign/Natural Test OR  Reasonable Expectation Test © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.1 Harry Dolinski was the Executive Chef at the Regal House hotel. One of his specialties was a hearty vegetable soup that was featured on the lunch buffet every Thursday. Pauline Guilliard and her friends decided to have lunch at the Regal House one Thursday before attending an art exhibit. Ms. Guillard read the lighted menu at the front of the buffet line. The chef's specials, including the vegetable soup, were written on the menu with a felt-tip pen. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.1 Ms. Guilliard selected the vegetable soup and a few other items and consumed one full bowl of the soup. Three hours later, at the art exhibit, she suffered seizures and had difficulty breathing. It turned out that the soup contained MSG - a food additive to which she has severe reactions. Ms. Guilliard recovered, but her attorney contacted the hotel with a demand letter seeking compensation for her suffering. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.1 The hotel's attorney replied that the soup served by the hotel was wholesome and that Ms. Guillard's reaction to the MSG could not have been reasonably foreseen. In addition, the hotel maintained that MSG is a common seasoning in use worldwide for many years. Thus, it would have been the diner's responsibility to inform the foodservice operation of any allergies or allergic reactions. As a result, the liability for Ms. Guillard's illness was hers alone. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.1 1. Did the hotel have an obligation (or duty as outlined in Chapter 9, “Your Responsibilities as a Hospitality Operator”) to notify guests that the soup contained MSG? 2. How do you think a jury would respond to this situation? What level of damages, if any, do you think a jury would be inclined to award in this case? 3. What should the chef do to avoid similar problems in the future? © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Steps to Take When a Guest Complains of Foodborne Illness 1. Document the name, address, email address, and telephone number of the guest who complains of an illness as well as the date and time the guest patronized your facility. 2. Document all items eaten in your facility by the guest during the visit in question. 3. If provided by the guest, obtain the name and address of the physician treating the guest. If the guest has not contacted a physician, encourage him or her to do so. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Steps to Take When a Guest Complains of Foodborne Illness 4. Contact the physician to determine if in fact a case of foodborne illness has been diagnosed. Privacy laws may prohibit the doctor from providing such information. 5. Notify the local health department immediately if a foodborne illness outbreak is confirmed, so the staff there can assist you in determining the source of the outbreak and identifying affected guests and employees. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Steps to Take When a Guest Complains of Foodborne Illness 6. Evaluate and, if necessary, modify your training and certification efforts that relate to the areas involved in the incident. 7. Document your efforts and notify your attorney, your public relations specialist and/or company risk manager. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.2 Penny Mance was a single mother of three children living in an urban apartment complex. She worked as a paralegal in a downtown attorney's office. One morning, Ms. Mance was asked to come in to work an hour later than her usual time. She used the opportunity to treat her three children to breakfast at a fast food restaurant near their home. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.2 The Mance family arrived at the restaurant at 8:00 A.M. and ordered breakfast. For their beverage selections, Ms. Mance ordered hot chocolate and the children selected orange juice. After the family sat down, Tina, Ms. Mance’s six-year-old daughter, told her mother that she wanted to try the hot chocolate. The beverage had been served in a Styrofoam cup with a plastic lid. Ms. Mance replied that the chocolate was “probably too hot for her to try.” © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.2 This comment was overheard by several guests sitting near the Mance family. Tina reached for the chocolate anyway; her mother, while trying to pull the chocolate away, spilled it on her own hands. Ms. Mance suffered second- and third-degree burns from the hot chocolate and was forced to miss work for three weeks. Upon returning, her typing speed was severely reduced as a result of tissue scarring on her left hand. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.2 Ms. Mance retained one of the attorneys where she worked to sue the fast-food restaurant. In court depositions later on, it was estimated that the chocolate was served at a temperature of 190 degrees Fahrenheit. The restaurant's attorney claimed the chocolate was not unsafe when it was served. He pointed to the fact that Ms. Mance knew the beverage was probably too hot for the child as an indication that she was willing to accept the risk of drinking a hot beverage. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.2 In addition, the restaurant's attorney maintained that it was the child's action, not the restaurant's, that was the direct cause of the accident. Undeterred, Ms. Mance’s attorney sued for damages, including medical expenses, lost wages, and a large amount for punitive damages. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.2 1. Did the restaurant act negligently in the serving of the hot chocolate? 2. Do you think that Penny Mance was negligent? If so, how much difference, if any, do you believe that her negligence would make in the size of the jury's award? 3. Who should the restaurant manager and company look to for guidance on proper serving temperatures and techniques? Could you defend this source in court? © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Truth-in-Menu  Legalese: Truth-in-menu laws - The collective name given to various laws and regulations that have been implemented to ensure accuracy in the wording on menus. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 12.3 Jeffery and Latisha Williams arranged a fiftieth anniversary party for her parents. They reserved a
Answered Same DayNov 05, 2021

Answer To: Please answer the following by reading through the attached chapter-12 pdf1. Describe the Uniform...

Shubham answered on Nov 06 2021
110 Votes
Running Head: HOSPITALITY MANAGEMENT                        1
HOSPITALITY MANAGEMENT                                2
HOSPITALITY MANAGEMENT
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le of Contents
Question 1    3
Question 2    3
Training:    3
Attention and Prevention:    4
Cooperation and Mitigation:    4
Question 3    4
Reference    5
Question 1
Uniform Commercial code is a set of law, which governs all commercial transactions. Article 2 of UCC deals with sales and leases. It deals with sale of goods. Serving food or drink for its value is called sale under section 2-316 of this article. As per the UCC, food service establishment is liable to serve wholesome food and beverage, which is safe for consumption.
There are two liability tests (i) Foreign and Natural test: This test is conducted on food to check (a) if an object is natural to the food, then warranty is not violated. If the object is foreign, warranty is breached. (ii) Reasonable expectation test: This test examines whether an object found in food ought to have been anticipated by the consumer.
Foreign and natural tests have been declined by many jurisdictions...
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