Moore contracted in writing to sell her 2012 Hyundai Santa Fe to Hammer for $16,500. Moore agreed to deliver the car on Wednesday, and Hammer promised to pay the $16,500 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 $16,500 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.
Before either party to the contract had a duty to perform, Hammer informed Moore that he would not be carrying out his contractual obligation. This is known as ________of the contract.
a. anticipatory repudiation
b. mutual rescission
c. specific performance
Anticipatory repudiation of the contract is considered a _______of the contract.
a. material breach
b. waiver of breach
c. mutual rescission
Because of the material breach, Moore would be_____ from the contract.
a. discharged
b. not discharged
Once Hammer repudiated the contract, Moore had which of the following options (in addition to the ability to suspend her own performance)?
1- _____________________
a. pursue a remedy for the breach
b. modify the written contract in her favor
2- _____________________
a. modify the written contract in her favor
b. wait for performance by Hammer
Moore, as the non-breaching party to the contract, may file suit:
a. when her interest vests.
b. when she is scheduled to perform under the contract.
c. immediately.
Could Moore have sold the vehicle to another individual after Hammer's repudiating of the contract and prior to Hammer's retraction?
a. Yes
b. No
Moore did not take any action between the time Hammer repudiated the contract on Tuesday and the time he retracted his repudiation on Friday. What are the consequences of Moore's inaction?
a. None, Moore is the non-breaching party and the contract is discharged.
b. None, Moore has discretion to discharge or reinstate the contract.
c. Moore is obligated under the terms of the original contract because of Hammer's retraction.
Would a court likely find for Moore or Hammer under these facts?
a. Moore
b. Hammer
((( What if the facts were different?)))
Assume that on Wednesday Moore provide a written notice to Hammer indicating that the repudiation was final and that Moore was seeking another buyer for the vehicle. Would a court find for Moore or Hammer under these facts?
a. Moore
b. Hammer
