For donations Click Here

Cancelling Food Order

If you call a restaurant, and order food for delivery, Should you be able to cancel your order even if they started making the food? If you could, would you be paying for making them throw out food you ordered but then cancelled?

Answer and sources please

Answer:

If the food can be sold to another person, you would be exempt from paying. If the food will go to waste and they will suffer a loss because of your order, you would be responsible to pay.

Sources:

Shulchan Aruch C:M 333:8, based on Teshuvos HaRosh 104:6, who considers this a case of “garmi”, direct causation of damages which obligate pay. Hence, even though there was no hiring of a worker [as per C:M 335:3], as ordering food is an agreement to pay for the finished product, there is still an obligation to pay.

Leave a comment

Your email address will not be published. Required fields are marked *