Bath Iron Works (BIW) offered a job to Thomas Devine, contingent on Devines passing a drug test.
Question:
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. 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. [Devine v. Roche Biomedical Laboratories, 659 A.2d 868 (Me. 1995)]
Step by Step Answer:
Business Law Today Comprehensive Text And Cases Diverse Ethical Online And Global Environment
ISBN: 9781285428932
10th Edition
Authors: Roger LeRoy Miller