The Nature and Promises of the Contract - Assignment Example

            In the case, Gerard Munoz v. 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.  

Question 6 a

            It is clear that Devine is an intended third-party beneficiary of the BIW-Dx contract since according to the common law doctrine of privity of the contract defines an intended third-party beneficiary as the one whom the terms of the contract and the circumstances surrounding the contract manifests intent to benefit. Devine was to benefit from the BIW-Dx contract since NorDx’s results were to determine his accessibility to obtaining a job with Bath Iron Works (BIW).   

            The court should focus on both the nature and promises of the contract and the consequences therein, to determine the fate of Devine as a third party.

Question 6 b

            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 same