
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
النسخة 13الرقم المعياري الدولي: 978-1133046783
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
النسخة 13الرقم المعياري الدولي: 978-1133046783 تمرين 10
Spotlight on Drug Testing-Third Party Beneficiary.
Bath Iron Works (BIW) offered a job to Thomas Devine, contingent on Devine's passing a drug test. The testing was conducted by NorDx, a subcontractor of Roche Biomedical Laboratories. When NorDx found that Devine's urinalysis showed the presence of opiates, a result confirmed by Roche, BIW refused to offer Devine permanent employment. Devine sued Roche, claiming that the ingestion of poppy seeds can yield a positive result and that he tested positive only because of his daily consumption of poppy seed muffins. Devine argued that he was a third party beneficiary of the contract between his prospective employer (BIW) and NorDx (Roche). Is Devine an intended third party beneficiary of the BIW-NorDx contract? Why or why not? Do drug-testing labs have a duty to the persons being tested to exercise reasonable care in conducting the tests? Explain. [Devine v. Roche Biomedical Laboratories, 659 A.2d 868 (Me. 1995)] (See page 325.)
Bath Iron Works (BIW) offered a job to Thomas Devine, contingent on Devine's passing a drug test. The testing was conducted by NorDx, a subcontractor of Roche Biomedical Laboratories. When NorDx found that Devine's urinalysis showed the presence of opiates, a result confirmed by Roche, BIW refused to offer Devine permanent employment. Devine sued Roche, claiming that the ingestion of poppy seeds can yield a positive result and that he tested positive only because of his daily consumption of poppy seed muffins. Devine argued that he was a third party beneficiary of the contract between his prospective employer (BIW) and NorDx (Roche). Is Devine an intended third party beneficiary of the BIW-NorDx contract? Why or why not? Do drug-testing labs have a duty to the persons being tested to exercise reasonable care in conducting the tests? Explain. [Devine v. Roche Biomedical Laboratories, 659 A.2d 868 (Me. 1995)] (See page 325.)
التوضيح
When the original parties to the contrac...
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
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