Asked by Chrisstin Jones on Jul 05, 2024
Verified
When an anticipatory repudiation occurs,what must the nonbreaching party show to recover damages right away for total breach of the contract?
A) He was ready,willing,and able to perform his part of the contract.
B) The anticipatory repudiation was made in bad faith.
C) The breaching party failed to notify him within a reasonable amount of time.
D) The breaching party could have performed but arbitrarily decided not to regardless.
Anticipatory Repudiation
A party's declaration to not fulfill their obligations under a contract before the performance is due.
Total Breach
A complete failure to perform or fulfill contractual obligations, resulting in the termination of the contract.
- Distinguish between anticipatory repudiation and actual breach of contract.
Verified Answer
SC
Sarah CassemJul 09, 2024
Final Answer :
A
Explanation :
When anticipatory repudiation occurs,the nonbreaching party is justified in withholding his own performance and suing for damages right away,without waiting for the time for performance to arrive.If he can show that he was ready,willing,and able to perform his part of the contract,he can recover damages for total breach of the contract.
Learning Objectives
- Distinguish between anticipatory repudiation and actual breach of contract.
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