• October 1, 2022

“Lawyer” Threatens Litigation Because Restaurant Ran Out Of Soup

The entitlement culture has run amok. When it get to the point, and it has, that we expect others to anticipate and meet our needs/wants, … and you can go to the government to enforce that … things are out of hand. And this guy is an attorney. An officer of the court. Does anyone out there think this is an abuse of his authority? This kinda puts a different spin on Seinfeld’s “Soup Nazi.”

A Texas attorney defied all logic, and perhaps nixed any illusion of maturity, when he decided to threaten to sue a restaurantbecause it ran out of soup.

In his demand letter, Dwain Downing argued, “The menu is an offer of contract by you. I accepted the offer. This action by you and I created a legally binding contract which is legally enforceable in the court of law. You then breached the contract by not providing the soup as promised by you on the menu.”

Downing claimed he was so unhappy because Benji Arslanovski, owner of Our Place in Mansfield, had a policy in place that refused to either replace the soup with a side or discount the price.

“I don’t want to make a big deal of this,” Dwain Downing told the Star-Telegram on Friday. Yet he still claims to believe “it was a wrong and deceptive practice.”

Arslanovski, on the other hand, hasn’t a clue what Downing is going on about. He said his restaurant doesn’t charge for soup, as it comes free with a meal. You can see in the image below that the menu clearly states the policy applies “while supplies last”.

“I knew we had good soup but never thought we would get sued for it!” Arslanovski wrote in a Facebook post that featured pictures of the Downing’s demand letter.

“I think I might hang [the letter] up. Why not?” he said.

"Lawyer" Threatens Litigation Because Restaurant Ran Out Of Soup
Lawyer makes unreasonable demands of restauranteur over soup.

Maybe we this guy needs a “Soup Nazi” to set him straight.

Downing, who couldn’t be bothered to spell Arslanovski’s surname correctly, also demanded that the restaurant change its policy so that it would offer a substitute or reduce the price on incomplete meals.

“Isn’t it amazing?” Arslanovski 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 revealed to the Star-Telegram that he wouldn’t be acquiescing to Downing’s demands, and has instead decided to turn this strange situation into a positive for the community.

The restaurant owner started a soup drive that would place a 10 percent discount on the tickets for anyone who comes in with a can of soup. The soup cans will then be donated to a local food bank.

 

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