1. Assignment. Aron, a college student, signs a one-year lease agreement that runs from September 1.

1.
Assignment. Aron, a college
student, signs a one-year lease agreement that runs from September 1 to August
31. The lease agreement specifies that the lease cannot be assigned without the
landlords consent. In late May, Aron decides not to go to summer school and assigns
the balance of the lease (three months) to a close friend, Erica. The landlord
objects to the assignment and denies Erica access to the apartment. Aron claims
that Erica is financially sound and should be allowed the full rights and
privileges of an assignee. Discuss fully whether the landlord or Aron is
correct. (See

1.
Assignment. Aron, a college
student, signs a one-year lease agreement that runs from September 1 to August
31. The lease agreement specifies that the lease cannot be assigned without the
landlords consent. In late May, Aron decides not to go to summer school and assigns
the balance of the lease (three months) to a close friend, Erica. The landlord
objects to the assignment and denies Erica access to the apartment. Aron claims
that Erica is financially sound and should be allowed the full rights and
privileges of an assignee. Discuss fully whether the landlord or Aron is
correct. (See Assignments.)

Q127;

1. Spotlight
on Drug TestingThird Party Beneficiaries. Bath Iron Works (BIW) offered a job to Thomas Devine, contingent
on Devines passing a drug test. The testing was conducted by NorDx, a subcontractor
of Roche Biomedical Laboratories. When NorDx found that Devines 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
of poppy seeds can lead to a positive result and that he had
tested positive for opiates only because of his daily consumption of poppy seed muffins.
Devine argued that he was a third party beneficiary of the contract
between his employer (BIW) and NorDx (Roche). Was Devine an intended third party
beneficiary of this contract? 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)] (See Third Party Beneficiaries.)

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