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Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller
Edition 13ISBN: 978-1305087859Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller
Edition 13ISBN: 978-1305087859 Exercise 7
Spotlight on Drug Testing-Third Party Beneficiary.
![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)]](https://d2lvgg3v3hfg70.cloudfront.net/SM2134/11eb9f6d_0705_4743_b540_b5ec2e1d9a38_SM2134_00.jpg)
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)]
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)]
Explanation
Verified
Verified
BIW offered a job to TD. The testing was...
Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller
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