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Question
Jon, a high-school senior, bit into a turkey bone in a bite-sized cube of white turkey meat in his high-school cafeteria. He felt something in his throat and after some effort expelled a small inch bone. He sustained injury to his esophagus and was hospitalized for four days. Jon brought suit against the school, claiming breach of warranty of merchantability in the food served to him in the cafeteria. What test should be applied to determine whether there was a breach of warranty of merchantability because of the presence of a bone in the meal served to Jon?
Answer
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