Tyler Transportation contracted with the Lancaster School Board to transport physically handicapped students. The contract provided, "Tyler Transportation will transport the physically handicapped students of the School System...and furnish all necessary vehicles and personnel and will perform all maintenance and make all repairs to the equipment to keep it in a safe and efficient operating condition at all times."

Tyler Transportation subcontracted with Billings Limousine to provide transportation in connection with its contract with the board. Thereafter, Billings purchased two buses from Tyler Transportation to use in transporting the students. DuPont, a Billings employee, was injured when the brakes on the bus that he was driving failed, causing the bus to collide with a tree. Billings sued Tyler Transportation, alleging that under its contract with the board, Tyler Transportation had a nondelegable duty to properly maintain the bus so as to keep it in a safe operating condition; that that duty flowed to him as an intended third-party beneficiary of the contract; and that Tyler Transportation had breached the contract by failing to properly maintain the bus. Who wins?Why?Be thorough.