In Nicolaou V

question 83

Essay

In Nicolaou v. Sobhani the parties had a contract for the purchase and sale of a lot. Before the completion date the purchaser alleged misrepresentation on the lot size and instructed their lawyer to ask for the return of the deposit. Was this an anticipatory breach that entitled the seller to keep the deposit? What risk reduction should parties consider in this situation?

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Definitions:

Gametic Isolation

A prezygotic reproductive barrier where genetic differences prevent gametes from different species from fusing to form a zygote, thus preventing inter-species reproduction.

Behavioral Isolation

A form of reproductive isolation where two populations develop differences in courtship rituals or behaviors that prevent them from mating.

Mating Signals

Behavioral, physical, or chemical signals used by animals to attract or communicate with potential mates.

Courtship

A period during which individuals of many species perform specific behaviors to attract mates.