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On February 1,Smyth Contracted to Buy Dupont's Van

Question 27

Multiple Choice

On February 1,Smyth contracted to buy Dupont's van.They agreed that Smyth would pay the price of $7000 on March 1 and take delivery and the risk on that date.Smyth then contracted to sell the van in Smithers on March 5 for $7600.On February 22,Dupont called Smyth and said he wasn't going to sell the van; he had decided to keep it.On these facts,which of the following is false?


A) Smyth could refuse to acknowledge a breach and press Dupont to complete the contact.
B) Smyth could agree to call off the contract; neither of them had yet performed.
C) Dupont's call is an express repudiation of the contract and is an anticipatory breach.
D) Smyth could acknowledge that Dupont was in breach but has to wait until after the performance date to sue him for breach of contract.
E) Smyth could refuse to acknowledge a breach,but that would result in the possibility that the contract could be breached later.

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