Answer to Question #141172 in Law for Wangu

Question

It was February the month of love when Mike decided to treat his lady out to one of the finest restaurants in Lusaka called “All You Can Eat” restaurant. Their date was set for February 14 and everything went perfectly. He hired a limousine to take them to the venue and told Michelle that she should order the most expensive and finest food she desires. As they ate, they also enjoyed drinking an expensive bottle of red wine and had a scrumptious desert after the meal. Unfortunately whilst eating her desert Michelle bit into a large decomposing dead insect which caused her to cough. She ran to the restaurant toilet and fell ill- the mere sight of the insect caused her to suffer nervous shock and she collapsed in the toilet. 

 II. Demonstrate whether the contract was formed in this scenario.

Answer 1

The contract was formed. Since Mike and his lady had given an order to the waiter and had been served, they had already entered into the contract. But it's part of their contract with the restaurant that the waiter will be reasonably courteous and efficient.