Elliott contracted with the Army to install a freezer at Fort Bliss, Texas. The contract required Elliot to install the freezer and provided that Elliott was "fully responsible for the actions of all employees and contracted representatives" and that Elliott would indemnify the Army for damages "and injury to person or property proximately caused by action or inaction attributable" to Elliott. Elliott subcontracted with Lingle to install the unit, which was done.
Later, the Army hired IAS to do some construction work. When IAS employee Diaz was installing a sink, a panel from the Elliott freezer, installed by Lingle, fell and injured Diaz, who sued Elliott for negligence.
The trail court dismissed the suit, but the appeals court reversed; Elliott petitioned the Texas high court for review. What controls here-contract law, tort law, or agency law?