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55. Is the instructor likely to prevail in the action against the estate?
It is undisputed that the instructor was willing and ready to perform her obligations under the contract.
The instructor demanded that the man's estate pay for the 15 lessons. When the estate refused to pay, the instructor sued the estate.
A man contracted with a personal flight instructor to take 15 flying lessons from her. The lessons were to begin 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.
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A is incorrect. Once a contract is formed, the lapse of a related offer does not affect the enforceability of the original contract.
C is incorrect. The instructor's fault is immaterial to any frustration of purpose defense the estate might assert. Only the fault of the party that seeks to be discharged from its obligation prevents application of that defense.
D is incorrect. The man's death discharges his contractual obligations under the doctrine of frustration of purpose. The man being alive to take the flying lessons was a basic assumption of the contract.