In early January 2010,Professor Noe entered into a contract with State University.She agreed to teach full time during the 2010-2011 academic year.Professor Noe died on March 14,2010.Her estate:
A) is obligated to find another person who will agree to teach during the academic year.
B) is discharged from any further obligations under the contract.
C) will be discharged from any obligations under the contract only if it can be shown that her death was unexpected.
D) will not be discharged. If the University has to pay more in order to hire a comparable substitute professor at the later date, then the estate will be responsible for the difference in pay.

Question

Quizplus · Accepted Answer

When a party to a personal service contract dies, the contract is discharged. The estate of the deceased person is not obligated to find a replacement or pay damages, and the other party (in this case, State University) cannot enforce the contract against the estate. This is based on the legal principle of impossibility of performance, as it is physically impossible for a deceased person to perform personal services. Therefore, the correct answer is B.

In Early January 2010,Professor Noe Entered into a Contract with State