Question
Delicious, Inc. manufactures jelly-filled doughnuts which are sold in grocery stores. Delicious doughnuts are packaged in a paper wrapper, which is recyclable, but which costs
Delicious, Inc. manufactures jelly-filled doughnuts which are sold in grocery stores. Delicious doughnuts are packaged in a paper wrapper, which is recyclable, but which costs more than plastic wrappers. On the front of the wrapper is printed, "Delicious Doughnuts," and on the back is printed nutritional information. Adrian, Cara, and Ed each purchased Delicious doughnuts at a local grocery store. The doughnut that Adrian purchased had a thumbtack inside. Not knowing this, Adrian threw the doughnut at his roommate, Bob, during a food fight at breakfast. Bob suffered a serious injury to his eye when the thumbtack scratched it. Cara heated her doughnut in a microwave oven on a high temperature setting for several minutes. When she removed the doughnut from the microwave, it was warm to the touch. When she bit into it, however, the inside of her mouth was badly burned by the jelly filling which, because it was liquid, had been heated to a much higher temperature than the pastry on the outside. Ed packed his doughnut in a suitcase to take on a business trip to make an important sales presentation for his company. When he opened the suitcase at his destination he found that the doughnut had leaked jelly through the paper wrapper and stained all of the clothes in the suitcase. Ed didn't have time to buy new clothes and so wore the stained clothes to the sales presentation. He didn't make the sale. Under what theory or theories can Adrian, Bob, Cara, and Ed bring claims against Delicious, what defenses, if any, might Delicious assert, and what damages, if any, are likely to be awarded in a lawsuit brought by Adrian against Delicious? Discuss
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