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Anticipatory Repudiation

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12-3. Anticipatory Repudiation: Moore contracted in writing to sell her 2002 Ford Taurus to Hammer for $8500. More agreed to deliver the car on Wednesday, and Hammer promised to pay the $8500 on the following Friday. On Tuesday, Hammer informed Moore that he would not be buying the car after all. By Friday, Hammer had changed his mind again and tendered $8500 to Moore. Moore, although she had not sold the car to another party, refused the tender and refused to deliver. Hammer claimed that Moore had breached their contract. More contended that Hammer's repudiation released her from her duty to perform under the contract. Who is correct, and why?

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The expert examines anticipatory repudiation.

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In this situation, Moore's contention that Hammer's repudiation released her from duty to perform under the contract would be correct in legal terms. Moore's ...

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