I find recent news reports on the lawsuits being filed against Subway for selling shorter-than-12-inch subs curious.
Why are people concerned with the actual length, which to me seems somewhat arbitrary? What if I promised you a foot of gold but delivered on 11? How much does an inch of gold weigh?
How much less sandwich are people receiving in an eleven-inch sub compared to a 12" sandwich? I imagine it matters whether you judge strictly by length, as opposed to volume or weight. For my money, I'd rather use the weight of the various parts, bun and contents, to determine the answer.
Length can be affected by shape or density of the bun without affecting weight, assuming strict adherence to portion control of the dough is maintained.
If I were asked to decide the damages, I would demand to know what criteria the plaintiff values and at what rate. I might also ascertain whether the plaintiff bothered measuring depth and width, because those dimensions could make up for any loss in length.
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