Thursday, November 16, 2006

Is a burrito a sandwich?

That is the question of the day. Instead of discussing the holding of cases involving leases and subleases, landlord, tenant and subtenant, our Property Professor decided to use our class time to discuss the how one can argue that a burrito is or is not a sandwich.

"How does this question apply to property law?" you ask?

Well, it all started with a burrito making restaurant wanting to rent space inside a shopping center. BUT a sandwich making place does not want the burrito makers to get a lease because they fear competition. Fun huh? Read the entire article here.

The gist of the article is that a Judge ruled that a burrito is not a sandwich because Webster's dictionary said so. And from that ruling, the people of Worcester, Massachusetts can look forward to having a choice of burritos or sandwiches for lunch.

In class, however, we went one step further and the professor provided other sources to find the definitions of certain terms. For instance, according to the USDA, there is a difference between an open-faced sandwich and a closed sandwich. And there is even a definition for a burrito (a Mexican style sandwich-like product), but strangely there is not a definition for bread.

And through the entire class, I kept wondering why both companies spent probably thousands of dollars litigating this issue. Now I wonder how many burritoes and sandwiches must be sold to recoup the dollars spent on litigation. There's a problem for you to do.

Okay, if that just bored you to death, you can play the "Sandwich or no Sandwich?" game. Enjoy!

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BF Quote of the Day: Law and Food? You're in heaven!

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