关于商法的案例分析.Julia went for a meal at Restaurant with her closed friend Tina. Julia paid for the meal. Tina suffered diarrhea and the doctors had diagnosed that it was caused by the food taken at restaurant. Is it possible for Tina to
来源：学生作业帮助网 编辑：六六作业网 时间：2024/11/23 11:56:08
关于商法的案例分析.Julia went for a meal at Restaurant with her closed friend Tina. Julia paid for the meal. Tina suffered diarrhea and the doctors had diagnosed that it was caused by the food taken at restaurant. Is it possible for Tina to
关于商法的案例分析.
Julia went for a meal at Restaurant with her closed friend Tina. Julia paid for the meal. Tina suffered diarrhea and the doctors had diagnosed that it was caused by the food taken at restaurant. Is it possible for Tina to taken action against restaurant? Describe the course of action possible for Tina.
J和T去饭店用餐,J付账.T腹泻,医生诊断是饭店打包的食物导致的.T是否可能对饭店采取行动（诉诸法律）.描述行动的过程.
关于商法的案例分析.Julia went for a meal at Restaurant with her closed friend Tina. Julia paid for the meal. Tina suffered diarrhea and the doctors had diagnosed that it was caused by the food taken at restaurant. Is it possible for Tina to
一、法律关系分析：如果在中国大陆,那么这里面涉及一下法律关系：
Julia与餐厅之间形成了合同关系,餐厅有义务提供合格的食品,如果未能达到此要求,即构成违约.
因为餐厅的不合格食品,导致了Tina腹泻,那么,实际上餐厅又侵犯了Tina的生命健康权,与T形成了侵权损害赔偿关系.
综上所述,餐厅构成加害给付,受害人T可以依据侵权法,要求餐厅承担侵权责任,但不能承担违约责任,因为T并非合同的当事人.
二、具体赔偿方法
由于餐厅提供的食品不合格,那么根据侵权责任法的规定,应当承担侵权责任,即赔偿T医药费.
基于同样的事实,餐厅实际上是一种欺诈,那么根据最新的消费者权益保护法,T可以请求已支付价款三倍的赔偿.如果三陪赔偿不足500元,最低要赔偿500元.
根据《食品安全法》第96条规定,T可以要求餐厅承担医药费,除此之外,还可以要求餐厅承担已付价款十倍的赔偿金.