On March 20, Max contracts with Peter (a famous violin player) to fly over from Russia to perform a violin concert on March 25 at a venue to be determined in the City of Toronto. The terms of the contract state that even if Peter is kept from performing on March 25, he will still be paid.
On March 21, Max assigns the contract to Mary (the owner of a concert hall) and notice of the assignment is given to Peter.
On March 24, Peter is killed in a plane crash on his way to Toronto.
Peter's widow (his executor) sues to recover the payment that Peter was supposed to have received under the contract, will she succeed?
A. Yes.
B. No - the contract was frustrated.
C. No - the widow has no privity of contract.
D. No - the contract was frustrated and the widow has no privity of contract.