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Amy owns a catering business $($Amy Caters, LLC$),$ and caters meals for all types and sizes of events. Amy, with the help of employees, completes most of the meal preparation herself, purchasing food from institutional or specialty suppliers as needed, but Amy will occasionally contract with specialty suppliers when necessary, such as decorative cakes and desserts.

Brenda hires Amy to cater Brenda$$s wedding dinner. Including guests, $1,000$ people will attend the meal. Of particular interest to Brenda is the individual, custom dessert cakes to be made for each guest. When reserving for the meal, invited guests were asked to choose one of three flavors of cake for dessert: French vanilla garnished with vanilla beans, Godiva liquor$-$infused chocolate cake, or a floral liquor$-$infused cake served with edible flower petals. Each cake would cost $$15$ each. Based on reservations, Brenda orders $450$ vanilla cakes, $350$ chocolate cakes, and $200$ floral cakes for her dinner.

Amy contracts with Cherie, a specialty bakery, who agrees to prepare the $1,000$ cakes at $$10$ each. In a written purchase order, the cakes are to be express shipped $$FOB Amy Caters$$ one day prior to the wedding, with payment for the cakes to be made within $20$ days of delivery.

Cherie bakes, decorates, and packages the cakes for shipping. Cherie hires Tim to transport the cakes to Amy. For ease of packing and transport, Tim uses one delivery van for the floral cakes. Another small truck is packed with the remaining cakes and dispatched shortly thereafter. The van with the floral cakes arrives at Amy$$s place of business without incident; however, the small truck and its cakes are lost when a sudden tire blow$-$out topples the truck off the interstate. In the short time remaining prior to the wedding dinner and with much effort, Amy locates and purchases substitute chocolate and vanilla cakes from a local bakery at a price of $$13$ each.

At the wedding reception, Brenda$$s guests who eat the floral cakes become violently ill. The petals were later identified as non$-$edible and the cause of the guests$$ illness.

Cherie demands to be paid $$10,000.$ Amy refuses to pay. Amy and Cherie file suit against each other for damages associated with the cakes

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