Question
2/ Julio wants to purchase a cake for his partner's birthday. Julio goes to a bakery owned by Cara and orders a specialty cake since
2/ Julio wants to purchase a cake for his partner's birthday. Julio goes to a bakery owned by Cara and orders a specialty cake since his partner, Ruben, is highly allergic to dairy products. Cara says that she will personally oversee making of the cake to ensure no dairy products are used. On the day of his birthday, Ruben eats a piece of cake, immediately has a severe allergic reaction, and has to be rushed to the Emergency Room. Although Cara does not believe she put any dairy products into the cake, she failed to notice that one of her employees used a different brand of sweetener in the cake that did in fact have traces of dairy products present in it. Luckily, Ruben survived the allergic reaction, but Julio is furious. He decides to call the local news station to tell them all about how Cara is a negligent bakery owner who poisoned Julio's partner.
Identify and discuss all potential tort and products liability claims that Julio, Ruben, and Cara may bring, and all defenses that could be raised.
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