Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

تمرين 17

Plano Molding Co. (Plano) contracted with a Chinese company to manufacture molds for the plastic storage boxes it produced. The terms of the contract included that the molds were to be delivered to the Plano's Illinois facility, with delivery, customs, and other similar costs included in the total price. The manufacturer contracted with THI Group, Ltd. (THI) to ship the molds from China to Plano's plant. A train carrying the molds derailed near Tyrone, Oklahoma, causing damage to the goods and personal injuries. Under THI's bill of lading for shipping, the "Merchant" warranted safe packaging for the molds. THI's insurer sued Plano for injuries caused by the train derailment. Had liability actually shifted to Plano under the bill of lading? [ Kawasaki Kisen Kaisha, Ltd. v. Plano Molding Co. , 696 F.3d 647 (7th Cir.)]