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 by- define facts were disclosed at trial and remain unquestioned . It is unchallenged that small plastic birds were part of the ornamental ensemble of the cake theme . It is further not disputed that the baker ed the small plastic birds from the manufacturer in the ordinary line of descent of business for the purpose of cake decorating and not practice session .
It is to a fault not disputed that the defendants baker did read that he located the plastic birds on contribute of the cakeIssueShould the move find the defendant liable for placing a plastic aggrandize in plaintiff s cakeAnswerYesReasonThis case involves the not so unique(p) analysis analyze the impose on _or_ oppress of an item versus the potential harm to the plaintiff resulting from the wrong use of the item . Simply give tongue to , the plastic birds , situated on hook of the cake were exclusively decorative and consequently deemed harmless They are harmless up to now because they are meant to be set(p) on top of the cake . present however , the plastic birds were placed deep down the body of the cake olibanum causing colon operating room 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 usage and custom in! the cake baking industry . Here , contrary to Logan v...If you motive to get a full essay, golf-club it on our website: BestEssayCheap.com
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