A student and her boyfriend were going away to college and had quite a few personal belongings to transport. The student drove in her car while her father and her boyfriend rode in the father's van. About halfway to the college, while the van and the car were driving down the freeway, the van suddenly swerved out of control and ran off the highway, ending up on its side in the center divider. When the student ran to the van, she discovered to her horror that her father was dead, and her boyfriend appeared to be injured, but not severely. Because her father previously had heart trouble, the student assumed that he had had a heart attack while driving. Filled with remorse, the student told her boyfriend, "I'm so sorry about this. I'll make good any losses you suffer because of this accident."

The boyfriend learned that he had suffered an injury to his spinal column that would prevent him from ever playing basketball again. He had been a scholarship athlete in basketball at the college and was considered to be a certain high draft selection for a professional basketball league when he graduated. The boyfriend brought an action against the student for several million dollars in damages. A subsequent investigation revealed that the accident was caused solely by a defect in the steering mechanism of the van.

a. Is there a valid contract between boyfriend and girlfriend?

b. Assuming there is a contract, can you think of any defenses the student could assert against her boyfriend's claim?