Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

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.

Question: Why is the answer A? I understand that death does not discharge the contract if the services are of a kind that can be delegated. Are flying lessons considered a service that can't be delegable? I'm overall confused when death ends a contract vs. when it doesn't. Please explain in a clear, easy to understand way.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing An International Approach

Authors: Wally J. Smieliauskas, Kathryn Bewley

6th edition

978-0070968295, 9781259087462, 978-0071051415

Students also viewed these Law questions

Question

When is the application deadline?

Answered: 1 week ago

Question

relational algabra

Answered: 1 week ago