Case - devine vs roche biomedical laboratories

Question # 00767568 Posted By: Themphes Updated on: 06/25/2020 12:47 PM Due on: 07/02/2020
Subject Business Topic General Business Tutorials:
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Solve the following given cases IRAC Method-

Case 1- Misrepresentation-

Charter One Rank owned a fifteen-story commercial building. A fire inspector told Charter that the building's drinking-water and fire-suppression systems were linked. Without disclosing this information, Charter sold the building to Northpoint Properties; Inc. Northpoint spent 5280,000 to repair the water and fire-suppression systems and filed a suit against Charter One. Is the seller liable for not disclosing the building's defects? Discuss. [Northpoint Properties, Inc. v. Charter One flank, 2011-Ohio-2512 (Ohio App. 8 Dist. 2011)]

Case 2- 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 or poppy seeds can yield a positive result and that he tested positive only because if 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)]

Case 3- Assignment-

Senna Hills. Ltd., granted Southern Union Co. the right to distribute propane in a residential subdivision developed by Senna in exchange for a fee. Under their agreement, Senna's "right to receive a Fee shall continue for so long as the Propane System is owned by Southern Union." The agreement also allowed Southern Union to assign the distribution rim. Later, Sonterra Energy Corp, bought the distribution system and was assigned the distribution right, but did not pay the free to Senna. Did Sonterra breach the propane service agreement? Why or why not? [Senna Hills, Ltd. V. Sonterra Energy Corp., _S.W.3d_(Tex.App.-Austin 2010)]

 

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