Mactronics Ltd Has Subscribed to the Intellectual Property Network for the Past

Multiple Choice

Mactronics Ltd has subscribed to the Intellectual Property Network for the past four years, an internet newsletter maintained by Digital Publishing. Mactronics has two in-house counsels working mainly on patent cases. This year, the management has decided it would be more cost effective to hire an independent lawyer rather than to maintain in-house legal services. On 15 November, Digital calls their contact person at Macrotronics about renewing the subscription. She has not yet been informed of the policy change and extends the contract for a year starting on 1 January. An hour later she receives an e-mail telling her of the change of strategy and that all subscriptions to legal journals or newsletters will not be renewed. She calls Digital and tells them there has been a mistake. Mactronics does not wish to renew their subscription after all. Which of the following is false?

A) Digital can continue sending Mactronics the newsletter if it has a legitimate interest to do so.
B) Digital can bring an action for specific performance (a claim in debt) of the subscription price if it continues to send the newsletter to Mactronics for one year from 1 January.
C) Digital must terminate the contract and stop sending the newsletter in order to mitigate its losses.
D) Digital can terminate the contract for anticipatory breach.