Blochead, the world's largest, and extremely profitable,
manufacturer of military aircraft, employs test pilots to fly its
planes in various experimental stages. To compensate them for their
rare skills and the extremely hazardous nature of their work - a
considerable number of pilots are seriously injured or killed every
year - the company pays each pilot an annual salary of $1
million.
Rob Serra, one of Blochead’s top pilots, test-flew its experimental
X-Z, which was on course to becoming the biggest seller in military
aviation history. On a test flight, the cockpit burst into flames.
Although Rob could have saved himself by activating the ejection
seat, the plane might have crashed into a heavily populated area.
Rob recalled that Blochead’s policy, incorporated into his
employment contract, required him to use his best efforts to avoid
collateral damage that might result in costly tort liability to
Blochead. Rob therefore stayed the course, battling the flames
while landing the plane back at Blochead’s airbase. Because the
fire destroyed the landing wheels, however, Rob crashed and he was
blinded and paralyzed for life. He will never be able to do
physical work again.
While undergoing treatment at a regional burn center, Rob was
visited by Blochead’s president, who assured Rob that Blochead
would provide for Rob and his family financially. A few days later
the president wrote Rob a letter stating:
"You've been our star pilot for more than 20 years. Because you've
shown loyalty far beyond the call of duty, we'll never forget what
you've done for us. Enclosed is a check for $30,000. You'll receive
a check like this every month so long as the company remains
profitable."
Blochead regularly sent the checks to Rob for five years. During
this time, Rob was occasionally wheeled into Blochead’s
headquarters, where, with the president's encouragement, he passed
on his lore and grit to other pilots. Recognizing the potential
cash value of his growing celebrity status, Rob began writing his
autobiography, intending his book as a piece of enthusiastic
advocacy for Blochead and the military aircraft industry. However,
Rob’s publisher convinced him that he had in fact been a dupe and
had been taken advantage of by Blochead. In 2016, Rob’s book was
published and it included some unsavory information about the
company (all of which was true). Unbeknownst to Rob, his publisher,
in order to hype the book, announced on the back cover that it was
founding a peace institute named after Rob.
When Blochead’s president heard about Rob’s book, she immediately
told Rob that he was a traitor whose allegations in the book about
Blochead might cause Blochead serious financial harm. Blochead
stopped payments on the $30,000 checks. Rob sued Blochead for
breach of contract. Who is likely to prevail and why? Explain your
answer.
Explanation:
In this case Rob will prevail as he has spilled the ugly truth about the Blochead and Blochead is responsible for the breach of contract since they have stopped paying checks to Rob. Blochead has promised and given assurance to Rob that they will pay $30000 every month till company remains profitable and until not Company did not go into losses by was going to endure financial harm which not made them go into loss making situation so Blochead is liable here for breach of contract.
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