Anticipatory Repudiation. Moore contracted inwriting to sell her 2017 Hyundai Santa Fe to Hammer for$18,500. Moore agreed to deliver the car on Wednesday, andHammer promised to pay the $18,500 on the following Friday. On Tuesday, Hammer informed Moore that he wouldnot be buying the car after all. By Friday, Hammer hadchanged his mind again and tendered $18,500 to Moore.Moore, although she had not sold the car to another party,refused the tender and refused to deliver. Hammer claimedthat Moore had breached their contract. Moore contendedthat Hammer’s repudiation released her from her duty toperform under the contract. Who is correct, and why? (SeePerformance and Breach of Sales and Lease Contracts.)
Anticipatory Repudiation. Moore contracted in
writing to sell her 2017 Hyundai Santa Fe to Hammer for
$18,500. Moore agreed to deliver the car on Wednesday, and
Hammer promised to pay the $18,500 on the following Friday. On Tuesday, Hammer informed Moore that he would
not be buying the car after all. By Friday, Hammer had
changed his mind again and tendered $18,500 to Moore.
Moore, although she had not sold the car to another party,
refused the tender and refused to deliver. Hammer claimed
that Moore had breached their contract. Moore contended
that Hammer’s repudiation released her from her duty to
perform under the contract. Who is correct, and why? (See
Performance and Breach of Sales and Lease Contracts.)
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