Question: Ethicon Inc a pharmaceutical company entered into an agreement with
Ethicon, Inc., a pharmaceutical company, entered into an agreement with UPS Supply Chain Solutions, Inc., to transport pharmaceuticals. Under a con-tract with UPS’s subsidiary, Worldwide Dedicated Services, Inc., (WDS), the drivers were provided by International Management Services Co. (IMSCO). During the transport of a shipment from Ethicon’s facility in Texas to buyers “F.O. B. Tennessee,” one of the trucks collided with a concrete barrier near Little Rock, Arkansas, and caught fire, damaging the goods. Who was liable for the loss? Why?
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