Harris-Teeter , Inc V . Esther S . BurroughsSupreme Court of VirginiaFactsPlaintiff , visited a friend and had a slice of birthday barroom which was purchased from the Defendant /bakery . The seeking facts were disclosed at trial and remain unquestioned . It is unchallenged that small plastic birds were part of the cosmetic ensemble of the measure theme . It is further not disputed that the baker ed the small plastic birds from the manufacturer in the ordinary chore of descent of business for the purpose of cake decorating and not ingestion .
It is to a fault not disputed that the defendants baker did admit that he located the plastic birds on contribute of the cakeIssueShould the butterfly find the defendant liable for placing a plastic gild in plaintiff s cakeAnswerYesReasonThis case involves the not so incomparable analysis analyze the psychic trauma of an item versus the potential harm to the plaintiff resulting from the wrong use of the item . Simply express , the plastic birds , situated on expire of the cake were nevertheless decorative and consequently deemed harmless They are harmless up to now because they are meant to be set on top of the cake . present however , the plastic birds were placed inwardly the body of the cake olibanum causing colon surgical procedure to the plaintiff . Clearly because the plastic bird was not placed on the top of the cake as a decorative piece and was not used according to normal habitude and cu stom in the cake baking industry . Here , c! ontrary to Logan v...If you motive to get a full essay, swan it on our website: BestEssayCheap.com
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