I ordered food from a Mexican restaurant through Uber eats . I ordered chicken burrito but they made it beef burrito. I called the restaurant but they said sorry and hung up. What should I do about it any suggestion if I can sue the restaurant serving me beef which is against my religion to eat


You may sue the restaurant for breach of contract, since your contract with them was for chicken and not beef. If this had been a self pick-up order, you'd get back the cost of the meal and perhaps gas costs, and normally the restaurant would just refund your costs. A bit of a complication is that you involved a third party, so it may be that your contract is with Uber Eats who subcontracts with the Mexican restaurant, indeed since it is likely that you paid Uber, your contract is with Uber, so you need to sue Uber (which you can't do). Though more effective would be to complain to Uber and ask about a refund, and they can take it out of the restaurant's hide.

Your agreement with Uber includes an arbitration clause, which requires you to submit to binding arbitration rather than small claim's court. The core requirement is that "the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable". If they say "It's not our problem, under the terms of the contract", you have to get the matter sorted out with the arbitrator. So starting with a simple complaint and request for refund from Uber is the wisest first step.

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    Do you suppose the contract with Uber actually binds them to deliver the food which you ordered? I'd guess that, at best, it commits them to transmit your order to the restaurant and bring you whatever food the restaurant comes up with. – Nate Eldredge Sep 18 '18 at 4:21

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