won. Ash pursued a torts argument and lost. Friend originally pursued a tort argument but abandoned that. Ash probably didn’t pursue contract argument because there is a contract of privity of contract and Ash didn’t pay for the bill. Why didn’t Ash win? Failed to prove negligence- to win a product liability case in tort, you need to be able to prove negligence. Contract relieves you of that Statutory issue Whether there was a sale or not, court decides there is sale Whether there was an examination of goods, court decides it doesn’t apply here Contributory negligence is not a defense; there was a contract in place See also Friend v. Childs Dining Hall Co. Massachusetts state case law Childs Restaurants Law articles needing an infobox