Drug testing-third party beneficiaries

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Reference no: EM13743792

From the book: Cengage Advantage Business Law Today 10th edition Ch 9 pg. 283 says to see pg, 260 for hints.

Drug Testing-Third Party Beneficiaries: 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 lead to a positive result and that he tested positive for opiates only because of his daily consumption of poppy seed muffins. Devine 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 BIW-NorDx contract? Why or why not?

Do drug-testing labs have a duty to the employees to exercise reasonable care in conducting the test? Explain.

Reference no: EM13743792

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