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
- Step 1: Hochster v De La Tour recognises anticipatory breach.
- 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.
Free questions with an explanation for every one, and full timed SQE1 (Solicitors Qualifying Examination) mock tests.
More Vitiating factors, discharge and remedies questions
- Rosa signs a guarantee for her husband's company debts on the basis of his assurance. The bank did not check that she had independent advice…
- A person signs a contract after being told that his family would be harmed unless he did so. Which doctrine applies?
- Two parties contract for the sale of a painting that, unknown to both, had been destroyed by fire before the contract. What is the effect un…
- The Frustrated Contracts Act 1943 applies after frustration. Which statement is correct?
- In Taylor v Caldwell, a music hall was destroyed by fire before the contract date. What is the legal effect?
- Applying Hadley v Baxendale, for which losses can a claimant recover in contract?