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 claimed that the ingestion of poppy seeds can lead to a positive result and that he had tested positive for opiates only because of his daily intake of poppy seed muffins. In Devine's suit against Roche, Devine argued, among other things, that he was a third party beneficiary of the contract between his employer (BIW) and NorDx (Roche). Given this factual background, fully discuss the following questions.

1. Is Devine an intended third party beneficiary of the BIW-NorDx contract? In deciding this issue, should thecourt focus on the nature of the promises made in the BIW-NorDx contract itself or on the consequences of the contract for Devine, a third party?

2. Should employees whose job security and reputation have suffered as a result of false test results be allowed to sue the drug-testing labs for the tort of negligence? In such situations, do drug-testing labs have a duty to the employees to exercise reasonable care in conducting the tests?