Business Law Today, Comprehensive 10th Edition by Roger LeRoy Miller

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Spotlight on Drug Testing-Third Party Beneficiaries. BathIron 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. After 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 he had tested positive for opiates only because of his daily consumption of poppy seed muffins. Devine also argued that he was a third party beneficiary of the contract between his employer (BIW) and NorDx (Roche). Is Devine an intended third party beneficiary of the contract between BIW and NorDx Why or why not Do drug-testing labs have a duty to the employees they test to exercise reasonable care in conducting the tests Explain.