What is a sandwich?

An article for the Minnesota Law Review looks at a recent American case in which the definition of a sandwich was contested.

It was alleged one party had violated the exclusivity clause of a lease in which ‘sandwich’ was a salient term by entering into discussions with a seller of Mexican foods, including tacos and burritos.

The article states: “Currently, a uniform definition of a ‘sandwich’ does not exist. There is a lack of consensus on whether something as popular as the hot dog should be characterized as a sandwich, let alone less common food items like the gyro or wraps. Thus, to aid in resolving ambiguities in the current legal definitions of a ‘sandwich’, a new framework should be proposed.

“By combining similarities between the existing legal definitions with ‘common sense’, or more traditional notions of what qualifies as a ‘sandwich’ the following guiding principles may be of assistance. A sandwich must consist of: 1) one slice of bread with filling placed upon it; or 2) two or more separate slices of bread with filling between the two pieces; additionally, 3) single or multiple pieces of bread cannot be rolled together, like a burrito, wrap, or taco; and 4) the filling cannot be placed inside the pocket of bread, like a pita.

“Under this framework, burritos, hot dogs, gyros, wraps, and tacos would not qualify as a ‘sandwich’, but an open-face sandwich, closed-face sandwich, or burger would qualify as a ‘sandwich’.”

Read the full article on the Minnesota Law Review website