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 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. In this situation,
A) Neat Things can sue Trendy immediately for breach of contract as this is an anticipatory and express breach of contract.
B) Neat Things can wait until September 15th and then sue Trendy for breach of contract as this is an express breach of contract if the boxes are not delivered.
C) Neat Things must wait until September 15th and if the boxes are not delivered then it may sue Trendy for breach of contract as this is not an anticipatory breach but only an express breach.
D) Neat Things must until September 15th and then sue Trendy for implied breach of contract.
E) None of the responses are correct.
Correct Answer:
Verified
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