Atlhe end of an entirely pleasing lunch at a local restaurant called the Grape Shot, Andy asked his server, Ben, t6r a

piece":

of cheesecake. He also asked Ben if thecheesecakecontained any nuts. He told Ben that he had a severe nut allergy,

and that he had suffered extreme reactionsi on previous occasions when he consumed nuts. Ben assured Andy that the

cheesecake leas n" free...Ben believed ths to be true:iunfcrtunately, he was -wrong The cheesecake cditained severn

grains of ground nuts. After a single bite of the cheesecake, Andly knewhe lvas in trouble. He called 911 on his cellphone

An ambulance arrived at the restaurant., Andy was"placed on a gurney and theparamedics raced him to the hospital. w-

where he received several doses of epinaphrine to deal withhis shortness of breath, elevated heart rate, loss of

consciousness; and extreme anxiety. Andy subsequently s:Ued 8en. and also the Grilpe Shot, in respect of the incident

1; What is/are the legal issue(s) in this case(

2. What is the legal test(s) that apply to this case'

3.:argument for the plaintiff

4:. argument for the defendant