Instructor performance obligations

Reference no: EM133659264

Problem: A man contracted with a personal flight instructor to take 15 flying lessons from her. The lessons were to being two months from the signing of the contract. one month after the contract was signed, the man died when his car was struck by a drunk driver.

The instructor demanded that the man's estate pay for the 15 lessons. When the estate refused to pay, the instructor sued the estate.

It is undisputed that the instructor was willing and ready to perform her obligations under the contract.

Is the instructor likely to prevail in the action against the estate?

A. No, because the man's death excused both his and the instructor's performance obligations.

B. Yes, because the man's death does not discharge his contractual obligations.

Reference no: EM133659264

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