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 involvement facts were disclosed at trial and remain unquestioned . It is unchallenged that small plastic birds were part of the nonfunctional ensemble of the legal profession theme . It is further not disputed that the baker ed the small plastic birds from the manufacturer in the ordinary channel of descent of business for the purpose of cake decorating and not aspiration .
It is to a fault not disputed that the defendants baker did turn up that he located the plastic birds on contribute of the cakeIssueShould the judgeship find the defendant liable for placing a plastic decorate in plaintiff s cakeAnswerYesReasonThis case involves the not so curious analysis analyze the wound of an item versus the potential harm to the plaintiff resulting from the wrong use of the item . Simply state , the plastic birds , situated on wind of the cake were that decorative and consequently deemed harmless They are harmless up to now because they are meant to be primed(p) on top of the cake . hither however , the plastic birds were placed in spite of appearance the body of the cake olibanum causing colon surgical operation 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 nor mal purpose and custom in the cake baking i! ndustry . Here , contrary to Logan v...If you motive to get a full essay, pasture it on our website: BestEssayCheap.com
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