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?

Group of answer choices

Yes.

No $-$ the contract was frustrated.

No $-$ the widow has no privity of contract.

No $-$ the contract was frustrated and the widow has no privity of contract.