May a restaurant restrict you from taking the leftovers?

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May a restaurant restrict you from taking the leftovers?

A restaurant has a Happy Hour where everything on the menu is half off if you dine in. They have a sign that says special is for dine in only and to-go boxes will not be given. I ate at the restaurant and received the discount. However, when I was done, I had a significant amount of leftover food, which I wanted to take with me because I am not a wasteful person. When I

asked for a box, I was reminded of the

Asked on July 29, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, have no right to take the food home if the conditions or terms under which you purchased it state that you may not bring it home--as these conditions, by indicating that there are no "to-go" boxes, indicated. You bought the food pursuant and subject to a restriction on your ability to remove it from the restaurant; that restiction is legal and enforceable.


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