Reference no: EM132290669

Blochead, the world's largest, and extremely profitable, manufacturer of military aircraft, employs test pilots to fly its planes in various experimental stages. To compensate them for their rare skills and the extremely hazardous nature of their work - a considerable number of pilots are seriously injured or killed every year - the company pays each pilot an annual salary of $1 million.

Rob Serra, one of Blochead’s top pilots, test-flew its experimental X-Z, which was on course to becoming the biggest seller in military aviation history. On a test flight, the cockpit burst into flames. Although Rob could have saved himself by activating the ejection seat, the plane might have crashed into a heavily populated area. Rob recalled that Blochead’s policy, incorporated into his employment contract, required him to use his best efforts to avoid collateral damage that might result in costly tort liability to Blochead. Rob therefore stayed the course, battling the flames while landing the plane back at Blochead’s airbase. Because the fire destroyed the landing wheels, however, Rob crashed and he was blinded and paralyzed for life. He will never be able to do physical work again.

While undergoing treatment at a regional burn center, Rob was visited by Blochead’s president, who assured Rob that Blochead would provide for Rob and his family financially. A few days later the president wrote Rob a letter stating:

"You've been our star pilot for more than 20 years. Because you've shown loyalty far beyond the call of duty, we'll never forget what you've done for us. Enclosed is a check for $30,000. You'll receive a check like this every month so long as the company remains profitable."

Blochead regularly sent the checks to Rob for five years. During this time, Rob was occasionally wheeled into Blochead’s headquarters, where, with the president's encouragement, he passed on his lore and grit to other pilots. Recognizing the potential cash value of his growing celebrity status, Rob began writing his autobiography, intending his book as a piece of enthusiastic advocacy for Blochead and the military aircraft industry. However, Rob’s publisher convinced him that he had in fact been a dupe and had been taken advantage of by Blochead. In 2016, Rob’s book was published and it included some unsavory information about the company (all of which was true). Unbeknownst to Rob, his publisher, in order to hype the book, announced on the back cover that it was founding a peace institute named after Rob.

When Blochead’s president heard about Rob’s book, she immediately told Rob that he was a traitor whose allegations in the book about Blochead might cause Blochead serious financial harm. Blochead stopped payments on the $30,000 checks. Rob sued Blochead for breach of contract. Who is likely to prevail and why? Explain your answer.