Lighter Side: Lawyer threatens to sue restaurant over lack of soup

by NZ Lawyer29 Apr 2016
A lawyer has threatened to sue a restaurant in Texas because it ran out of the soup listed on the menu as part of the Saturday special, but then provided no discount or substitutions.

Dwain Downing accused the restaurateur of deceptive trade practices saying if he was not compensated for the soup or heard from the restaurant owner, Benji Arslanovski in 10 days, he would sue.

Arslanovski then took to social media with the letter Downing had sent him.

Downing is asking for US$2.25 plus US$250 in attorney’s fees, his hourly rate, Stuff reported.

The letter states that when he ordered the Saturday special, which was an entrée, two sides and soup, he was then told by a waiter that the restaurant was out of soup.  But when Downing asked for a price reduction or a substitution for the soup, the manager told him that it was against the owner’s policy to offer any change of to discount prices.

“The menu is an offer for a contract by you,” Downing's letter says.

“I accepted the offer.  This action ... created a binding contract which is legally enforceable in a court of law. You then breached the contract by not providing the soup as promised by you on the menu.”

“In addition,” Downing's letter said, “I demand that you change your policy and if you don't have an item, either offer a substitute side or a reduction in price.”

Arslanovski said his attorney will send a letter in response but that he doesn’t plan on paying up, saying he’ll take the matter to court.

“Isn't it amazing?” he said.

“This could have been solved with a simple phone call, and he could have come by and gotten a free cup of soup.”

Arslanovski said the soup is considered free with the meal, and is only available ‘while it lasts’ for that day.

Downing has since backed down from the threat, partly because of cyber bullying resulting from letter going viral after the restaurant posted it on Facebook.

“I didn't put it on social media," Downing said.

“I didn't intend for it to become this way.  This place was rude, very rude.  He put it on social media. Cyber bullies have threatened my life.”