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.

Question

Quizplus · Accepted Answer

Option D is false because Smyth does not have to wait until after the performance date to sue Dupont for breach of contract. Dupont's express repudiation of the contract on February 22 gives Smyth the right to sue for breach immediately, without waiting for the original performance date of March 1.

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