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 pursual facts were disclosed at trial and remain unquestioned . It is unchallenged that small plastic birds were part of the cosmetic ensemble of the bar theme . It is further not disputed that the baker ed the small plastic birds from the manufacturer in the ordinary wrinkle of descent of business for the purpose of cake decorating and not white plague .
It is to a fault not disputed that the defendants baker did test that he located the plastic birds on contribute of the cakeIssueShould the homage find the defendant liable for placing a plastic garnish in plaintiff s cakeAnswerYesReasonThis case involves the not so preposterous analysis analyze the revile 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 elapse of the cake were that decorative and consequently deemed harmless They are harmless up to now because they are meant to be fixed on top of the cake . present however , the plastic birds were placed at heart the body of the cake olibanum causing colon functioning 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 practice se ssion and custom in the cake baking industry! . Here , contrary to Logan v...If you motive to get a full essay, hostel it on our website: BestEssayCheap.com
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