When an Anticipatory Breach Has Taken Place (Where a Person

question 119

Multiple Choice

When an anticipatory breach has taken place (where a person, before performance is due, states that he will not perform the contract)

• A) the victim may sue immediately and not wait to see if the contract is performed or not.
• B) the victim must wait to see if the contract is performed, but damages are calculated from the time of the refusal.
• C) the victim can get someone else to do the job but then cannot sue the original party to the contract if it costs more.
• D) such a statement made before performance is due has no effect on the contractual obligations of the parties.
• E) the victim may not be able to recover damages that occur after the anticipatory breach.

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