A seller informs a buyer a week before delivery that he will not deliver the goods at all. What may the buyer do?

Answer and explanation

Correct answer: C. Treat the contract as ended and sue for damages at once

  1. Step 1: Hochster v De La Tour recognises anticipatory breach.
  2. Step 2: The innocent party may accept the repudiation, or affirm and wait, but must then be ready to perform.
Answer
Treat the contract as ended and sue for damages at once.
Why not the others: The buyer need not wait; specific performance is discretionary and unlikely for ordinary goods; a breach can occur before the date.

Practise more Vitiating factors, discharge and remedies.

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