QuickHelper

(10)

$20/per page/

About QuickHelper

Levels Tought:
Elementary,High School,College,University,PHD

Expertise:
Accounting,Applied Sciences See all
Accounting,Applied Sciences,Business & Finance,Chemistry,Engineering,Health & Medical Hide all
Teaching Since: May 2017
Last Sign in: 363 Weeks Ago
Questions Answered: 20103
Tutorials Posted: 20155

Education

  • MBA, PHD
    Phoniex
    Jul-2007 - Jun-2012

Experience

  • Corportae Manager
    ChevronTexaco Corporation
    Feb-2009 - Nov-2016

Category > Management Posted 04 Oct 2017 My Price 10.00

Moore contracted in writing to sell her 2012 Hyundai Santa Fe to Hammer

Moore contracted in writing to sell her 2012 Hyundai Santa Fe to Hammer for $16,500. Moore agreed to deliver the car on Wednesday, and Hammer promised to pay the $16,500 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 $16,500 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. Moore contended that Hammer's repudiation released her from her duty to perform under the contract.

Before either party to the contract had a duty to perform, Hammer informed Moore that he would not be carrying out his contractual obligation. This is known as Selectanticipatory repudiationmutual rescissionspecific performanceItem 1 of the contract.

Anticipatory repudiation of the contract is considered a Selectmaterial breachwaiver of breachmutual rescissionItem 2 of the contract.

Because of the material breach, Moore would be Selectdischargednot dischargedItem 3 from the contract.

Once Hammer repudiated the contract, Moore had which of the following options (in addition to the ability to suspend her own performance)?

1. Selectpursue a remedy for the breachmodify the written contract in her favorItem 4 2. Selectmodify the written contract in her favorwait for performance by HammerItem 5

Moore, as the nonbreaching party to the contract, may file suit:
Selectwhen her interest vests.when she is scheduled to perform under the contract.immediately.Item 6

Could Moore have sold the vehicle to another individual after Hammer's repudiating of the contract and prior to Hammer's retraction? 
SelectYesNoItem 7

Moore did not take any action between the time Hammer repudiated the contract on Tuesday and the time he retracted his repudiation on Friday. What are the consequences of Moore's inaction?
SelectNone, Moore is the nonbreaching party and the contract is discharged.None, Moore has discretion to discharge or reinstate the contract.Moore is obligated under the terms of the original contract because of Hammer's retraction.Item 8

Would a court likely find for Moore or Hammer under these facts?
SelectMooreHammerItem 9

 

Assume that on Wednesday Moore provide a written notice to Hammer indicating that the repudiation was final and that Moore was seeking another buyer for the vehicle. Would a court find for Moore or Hammer under these facts?
SelectMooreHammerItem 10

Answers

QuickHelper
(10)
Status NEW Posted 04 Oct 2017 07:10 PM My Price 10.00

Hel-----------lo -----------Sir-----------/Ma-----------dam----------- T-----------han-----------k Y-----------ou -----------for----------- us-----------ing----------- ou-----------r w-----------ebs-----------ite----------- an-----------d a-----------cqu-----------isi-----------tio-----------n o-----------f m-----------y p-----------ost-----------ed -----------sol-----------uti-----------on.----------- Pl-----------eas-----------e p-----------ing----------- me----------- on----------- ch-----------at -----------I a-----------m o-----------nli-----------ne -----------or -----------inb-----------ox -----------me -----------a m-----------ess-----------age----------- I -----------wil-----------l

Not Rated(0)