posted by [identity profile] major-clanger.livejournal.com at 05:49pm on 02/04/2009
The point is that the cafe did what was required under the Sale of Goods Act, which is that it in effect refunded the cost of the sandwich.

There might be a trading standards issue here; I'll have to check with my brother, who is a TSO.

If [livejournal.com profile] bugshaw had suffered harm as a result of eating this, then there would be grounds to complain under product liability law and common-law negligence (which is founded on a case involving a defect in packaged food, viz. the snail in the bottle of ginger beer at the heart of Donoghue v Stevenson. Yes, I know that having some cheese was not good for her, but unfortunately it would be very hard to prove a small increase in discomfort - I'm afraid that suing is only really an option in a case like 'this didn't list peanuts which I am allergic to as an ingredient and as a result I spent a week in hospital'.

But I think a polite written complaint explaining the problem and pointing out that there are many customers who could have had a significant reaction to dairy products would be entirely in order.

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