Ethicon, inc., a pharmaceutical company, entered into an agreement with ups supply chain solutions, inc., to transport pharmaceuticals. the drivers were provided by international management services co. under a contract with a ups subsidiary, worldwide dedicated services, inc. 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? [royal & sun alliance insurance, plc v. international management services co., 703 f.3d 604 (2d cir. 2013)]

In december of 2004, the company you own entered into a 20-year contract with a grain supplier for daily deliveries of grain to its hot dog bun manufacturing facility. the contract called for "10,000 pounds of grain" to be delivered to the facility at the price of $100,000 per day. until february 2017, the supplier provided processed grain which could easily be used in your manufacturing process. however, no longer wanting to absorb the cost of having the grain processed, the supplier began delivering whole grain. the supplier is arguing that the contract does not specify the type of grain that would be supplied and that it has not breached the contract. your company is arguing that the supplier has an onsite processing plant and processed grain was implicit to the terms of the contract. over the remaining term of the contract, reshipping and having the grain processed would cost your company approximately $10,000,000, opposed to a cost of around $1,000,000 to the supplier. after speaking with in-house counsel, it was estimated that litigation would cost the company several million dollars and last for years. weighing the costs of litigation, along with possible ambiguity in the contract, what are three options you could take to resolve the dispute? which would be the best option for your business and why?

In our daily interactions we can find ourselves listening to other people solely for the purpose of finding weakness in their positions so that we can formulate a convincing response. select one: true false

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