Fine Furniture, Inc. is a furniture manufacturer located in Norfolk, Virginia. Fine enters into a contract with Jag Int

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answerhappygod
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Fine Furniture, Inc. is a furniture manufacturer located in Norfolk, Virginia. Fine enters into a contract with Jag Int

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Fine Furniture, Inc. is a furniture manufacturer located inNorfolk, Virginia. Fine enters into a contract with JagInteriors, LLC in Jacksonville, Florida, agreeing to sell Jag 1,000dining room chairs at a total contract price of $100,000. Thecontract's shipping term designates "FOB Shipping," and offers toarrange for Darnell, Utley, and Irvin ("DUI") Shipping,International to transport the furniture from the manufacturingfacility in Norfolk to the buyer's store in Jacksonville byboat.
DUI Shipping has retained the services of a ship steward JoeBirchtree, to captain the ship en route to Jacksonvile. Birchtree has a history of alcohol abuse but his professionalrecord is clear of any mishaps.
On a clear day, with calm waters, blue skies and no wind,Birchtree runs his ship aground, and all cargo is ruined as aresult of water damage. Evidence indicates that at the timeof the accident, the chairs loaded onto the ship were the incorrectmodel. As between Fine Furniture and Jag Interiors, who heldtitle to the chairs when the ship ran aground and who bears therisk of loss of the chairs? Explain fully why you chose onecompany over the other and support your answer with your legalbasis. Would your answer be different if the chairs were thecorrect model when shipped and the captain hired by DUI Shippingwas intoxicated at the time of the accident? Who would beliable then? Explain fully.
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