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47. If the coal mine sues the engineer for breach of contract, is the coal mine likely to recover damages?
Assume that no statute or regulation applies.
An engineer signed a two-year contract to serve as the chief safety engineer for a coal mine at a salary of $7,000 per month. The position required the engineer to work underground each workday. After one week on the job, the engineer became very ill. He requested testing of the mine air system, which revealed the presence of a chemical agent to which the engineer had a rare allergic reaction. The engineer promptly quit. The coal mine then hired a qualified replacement for the remainder of the engineer's contract at a salary of $7,500 per month.
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A is incorrect. There is nothing in the facts to suggest this is an at-will employee.
C is incorrect. Although the coal mine did act in good faith to find cover, the physical incapacity of the engineer discharged the engineer's duty to perform.
D is incorrect. This is a red-herring answer choice that deals with negligence and should be eliminated.