Scenario 1:

On Sunday, Ben went to Shooters with some buddies to watch the big game. Ben ordered a tap beer when he sat down and asked that it be poured in a chilled mug. Ben and his friends ordered some wings and started watching the game. As he got to the end of his first beer, the mug shattered and glass cut into his leg, causing permanent damage. Ben brought suit against the restaurant for breach of warranty of merchantability. Was there a warranty as to the mug by the restaurant? Explain your answer applying the law you learned and include any case law reference