Implied Warranty Triggers Anticipatory Breach
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
14483_rare-bible-atlas · CONTRACTS · Choice AAlthough the doctrine of anticipatory breach is not applicable under the prevailing view if, at the time of repudiation, the repudiatee owes the repudiator no remaining duty of performance, the doctrine applies in this case because Daniel, the repudiatee, remains potentially liable under an implied warranty that the page advanced to Paul was genuine.
Why it's attractive
This names a real UCC concept (implied warranty) but it doesn't answer whether Daniel can sue before the performance date.
Why it's wrong
This names a real UCC concept (implied warranty) but it doesn't answer whether Daniel can sue before the performance date.
14483_rare-bible-atlas · CONTRACTS · Choice BDaniel's implied duty of good faith and fair dealing in enforcement of the contract required him to mitigate his losses on the rising market by suing promptly, as he did, after becoming reasonably apprehensive of a prospective breach by Paul.
Why it's attractive
Mitigation limits recovery after breach; it doesn't determine whether you can sue before the performance date.
Why it's wrong
Mitigation limits recovery after breach; it doesn't determine whether you can sue before the performance date.
14483_rare-bible-atlas · CONTRACTS · Choice CAnticipatory repudiation, as a deliberate disruption without legal excuse of an ongoing contractual relationship between the parties, may be treated by the repudiatee at his election as a present tort, actionable at once.
Why it's attractive
This sounds right — Paul did deliberately disrupt the relationship, and Daniel can sue now. But is this a tort or a contract issue?
Why it's wrong
This sounds right — Paul did deliberately disrupt the relationship, and Daniel can sue now. But is this a tort or a contract issue?
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