On February 1,Smyth Contracted to Buy Dupont's Van

question 75

Multiple Choice

On February 1,Smyth contracted to buy Dupont's van.They had 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 it; he decided to keep it.Based on these facts,which of the following is false?

• A) Dupont's call is an express repudiation of the contract and is an anticipatory breach.
• B) Smyth could agree to call off the contract; neither of them had yet performed.
• C) Smyth could refuse to acknowledge a breach, but that would result in the possibility that the contract could be breached later.
• D) Smyth could acknowledge that Dupont was in breach but has to wait until after the performance date to sue him for breach of contract.
• E) Smyth could refuse to acknowledge a breach and press Dupont to complete the contact.

---

Definitions:

Unenforceable Contract

An agreement that is not legally binding, either due to its failure to meet certain legal requirements or because it involves illegal activities.

Contractual Duties

Obligations that a party is bound to perform under the terms of a contract.

Void

That which is entirely null. A void act is one that is not binding on either party and that is not susceptible of ratification.

Executed

Completed or carried out; in legal terms, it can mean a contract or document that has been signed and made legally binding.