Author Question: On February 1, Smyth contracted to buy Dupont's van. They agreed that Smyth would pay the price of ... (Read 89 times)

Kthamas · **on:** Aug 7, 2021

On February 1, Smyth contracted to buy Dupont's van. They agreed that Smyth would pay the price of $7000 on March 1 and take delivery and the risk on that date. Smyth then contracted to sell the van in Smithers on March 5 for $7600. On February 22, Dupont called Smyth and said he wasn't going to sell the van; he had decided to keep it. On these facts, which of the following is false?
◦ Smyth could refuse to acknowledge a breach, but that would result in the possibility that the contract could be breached later.
◦ Dupont's call is an express repudiation of the contract and is an anticipatory breach.
◦ Smyth could refuse to acknowledge a breach and press Dupont to complete the contact.
◦ Smyth could acknowledge that Dupont was in breach but has to wait until after the performance date to sue him for breach of contract.
◦ Smyth could agree to call off the contract; neither of them had yet performed.

underwood14 · **Reply #1 on:** Aug 7, 2021

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