First Principles of Business Law
Quiz: Remedies for breach of contract

Question 15

 

 

 

A, a farmer, contracts to buy a tractor from B, a neighbouring farmer, for $10,000, to be delivered at the end of the month.  This is a good price for a tractor of this type and condition, of which there are many on the market.  A then learns that C has offered B $12,000 for the same tractor.  A is worried that B might accept this offer and deliver the tractor to C before the end of the month. 

(a) A can seek an order (injunction) to stop B from delivering the tractor to anyone but himself.

(b) A can establish an anticipatory breach by B, immediately accept B’s repudiation, and sue for damages.

(c) A can seek an order of specific performance, requiring B to deliver the tractor to him

(d) A court is unlikely to issue either an injunction or an order of specific performance in these circumstances, and the facts do not show an anticipatory breach has occurred.

 

 

 

 

 

 

 

 

 

 

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