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Hindus Served Meat Can Sue NJ Restaurant

By Stephanie Rabiner, Esq. on July 20, 2011 | Last updated on March 21, 2019

For a certain subset of Hindus, meat is considered damaging to the purity of the soul, affecting one's relationship with God. To cleanse the soul they must travel to India and undergo a ritual that lasts anywhere from a few days to a whole month.

After being forced into this very situation, a group of Hindus in Edison, New Jersey is suing local restaurant Moghul Express, which accidentally supplied the plaintiffs with meat-filled samosas back in 2009.

According to a state appellate court, the suit can now go forward.

Plaintiffs claim, and defendants admit, that the restaurant had repeatedly promised to provide the group with vegetarian samosas, reports The Star-Ledger.

Due to a mix-up, they were given non-vegetarian samosas, causing plaintiffs to fly across the world and go through a purifying ritual to rectify the situation.

The New Jersey appellate court dismissed plaintiffs' claims on products liability, consumer fraud, and negligence, as state law does not protect against this kind of injury or provide for these damages.

However, the court is allowing the lawsuit to continue solely on the grounds of breach of express warranty of fitness.

Under the Uniform Commercial Code, which has been adopted in most states, when a description of a good is an essential part of the agreement, the seller has made an express warranty that the goods will conform to the description.

In other words, because Moghul Express repeatedly promised the samosas were vegetarian, and plaintiffs relied on that description, the restaurant breached its contract by providing meat-filled samosas.

Now, this doesn't mean that Moghul Express will be held liable for the Hindu meat incident. Plaintiffs still need to show that the damages they are seeking were foreseeable, which will be difficult to prove unless they explained to the restaurant exactly why they needed vegetarian samosas.

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