It is to a fault not disputed that the defendants baker did testify that he located the plastic birds on contribute of the cakeIssueShould the court find the defendant liable for placing a plastic ornament in plaintiff s cakeAnswerYesReasonThis case involves the not so unique analysis analyze the harm of an item versus the potential harm to the plaintiff resulting from the wrong use of the item . Simply stated , the plastic birds , situated on top of the cake were merely decorative and consequently deemed harmless They are harmless up to now because they are meant to be placed on top of the cake . Here however , the plastic birds were placed within the body of the cake olibanum causing colon surgery 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, order it on our website: Ordercustompaper.com
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