2012年6月29日星期五

Cerevisaphiles Complain About Beer Stein Bait and Switch

Cerevisaphile (Cer-a-vehs-a-file) 1.an aficionado of beers and ales, 2.a devotee to the decoction of barley infused with hops and fermented, 3.an imbiber of beer on the highest order, bordering on devotion, 4.one who pursues the very finest in malted beverages. The etymology of the word derives from the Latin term for beer - Cerevisia.

A group of cerevisaphiles, or beer enthusiasts, sued in federal court after a bait and switch left a bitter taste in their mouths, reports the Courthouse News Service.

According to the great imbibers, they were promised a grandiose reward for completing the World Beer Tour at the Old Chicago Restaurant chain. If they managed to drink all 110 tasty brews available at the restaurant, they would be presented with an honorary 36oz Beer Stein.(On an ironic note: There are only three Old Chicago restaurants in Illinois.None are near Chicago).
The stein was more than a mere mug, or a trophy. Indeed, the great glass could be filled with any beer for the price a mere pint. It was a magical reward.

Unfortunately for the cerevisaphiles, Old Chicago would break promises, and hearts, by substituting a 22oz stein for existing and new members to the Hall of Foam.

Undaunted by the obstacle placed in the way of their economical intoxication, three courageous souls challenged the evil bait and switch tactic in court, alleging consumer fraud, false advertising, and breach of contract claims.

However, no battle worth fighting is won so easily. Indeed, the court held no sympathy for the men who managed to refill their larger steins 5,720 times in the years prior to the great stein substitution.

The court found that neither the alleged fraud nor the false advertising induced the trio to enter into a commercial transaction. Indeed, they had already completed the initial World Tour, and heavily used their mugs, prior to the Great Stein Switch.

However, not all is lost. The gentlemen may still pursue their breach of contract claim. When mutually beneficial promises are exchanged, and one party later reneges, the aggrieved party can go to court and either force the other side to perform as they promised, or in the alternative, can get a monetary judgment to approximate the position that they would have been in had Old Chicago performed as required.

This means that the three men could still get that which they originally sought -- bigger beers.

Related Resources:


Speak to a Chicago Personal Injury Attorney (FindLaw)
Palm et. al v. Rock Bottom Restaurants d/b/a Old Chicago (U.S. District Court Opinion)
New China Wok Tossed Woman Through Glass Door Over Sauce Packets (FindLaw's Chicago Personal Injury Law Blog)
ConAgra's Hebrew National Not Kosher, Says Former Employee (FindLaw's Chicago Personal Injury Law Blog)
"Breach of Contract" and Lawsuits (FindLaw's Learn About the Law)


The Chicago Personal Injury Law Blog

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