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On March 7 Dubious Contracted with Electric Wholesalers to Supply

Question 4

Multiple Choice

On March 7 Dubious contracted with Electric Wholesalers to supply Electric with specific automobile electrical parts. Delivery was called for on June 3. On May 2, Electric notified Dubious that it would not perform and that Dubious should look elsewhere. (Electric had received a larger and more lucra-tive contract on April 21 and its capacity was such that it could not fulfill both orders.) Dubious tele-phoned Electric: "You turkeys. I'm cancelling the contract with you and I'll get the parts elsewhere." The facts


A) Will not prevent Electric from changing its mind and performing as contracted with Dubi-ous.
B) Are not sufficient to clearly establish an anticipatory repudiation.
C) Will permit Dubious to sue only after June 3, the latest performance date.
D) Will permit Dubious to sue immediately after May 2, even though the performance called for under the contract was not due until June 3.
E) none.

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