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

question 27

Multiple Choice

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?

• A)Smyth could refuse to acknowledge a breach and press Dupont to complete the contact.
• B)Smyth could agree to call off the contract; neither of them had yet performed.
• C)Dupont's call is an express repudiation of the contract and is an anticipatory breach.
• 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,but that would result in the possibility that the contract could be breached later.

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