Assignment 2 Example | Topics and Well Written Essays - 250 words - 4

2 - Assignment Example Good West Rubber Corporation, price designation of fair market value was definite enough to support an action for specific performance, since at the signing of the contract; both parties had agreed to use fair market value which would exist at the end of the lease. It is clear that Devine is an intended third party beneficiary of BIW-Dx contract, since according to the common law doctrine of privity of contract defines an intended third party beneficiary as the one whom the terms of contract and the circumstances surrounding the contract manifests intent to benefit. It is clear that Devine was to benefit from the BIW-Dx contract, since NorDx’s results was to determine his accessibility to obtaining a job with Bath Iron Works (BIW). According to Emerson (2009), employees whose job security and reputation have suffered as a result of false test results should be allowed to sue the drug testing labs for tort negligence, since in such situations, the drug-testing labs owe employees duty of care when conducting the tests. As part of this duty of care, it is within the drug-testing labs’ duty to handle employees’ samples and to produce the most accurate result on the