Multiple Choice
Trendy Imports entered into a contract on June 1st with Neat Things,a small upscale gift shop,to supply it with 100 tooled leather boxes.Delivery was to be made on September 15th so that the boxes could be on display in the store by October 15th,ready for the pre-Christmas rush.On August 6th,Trendy notified Neat Things that it seemed that a dock strike in Italy was holding up the shipment and,if the boat on which they were loaded could not leave port within a very few days,Trendy would not be able to make the delivery on September 15th.
Suppose Neat Things does nothing immediately,the boat sails and the delivery would have been made on time,but the boat sinks in a hurricane on August 23rd.
A) There is nothing Neat Things can now do since the contract is frustrated by the sinking of the ship.
B) Neat Things can sue Trendy because of its anticipatory breach on August 6th.
C) There is nothing Neat Things can now do.It could have sued when the boat sank,if the delivery could not have been made on time even if the boat had not sunk,since the sinking of the boat would not then have been relevant to the breach of contract.
D) Trendy will lose if Neat Things sues now because,as of August 23rd,it is in breach of its contract with Neat Things.
E) Neat Things still retains the right to wait until September 15th and sue if Trendy does not perform its part of the contract.
Correct Answer:

Verified
Correct Answer:
Verified
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