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Source Performance and Breach Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

Seller agreed to deliver custom display shelves to Buyer on August 1, with payment due on delivery. On July 15, Seller emailed Buyer, "We will not make or deliver the shelves. Find another supplier." Seller never retracted before August 1. Buyer sued without first tendering the purchase price.
Which statement is most accurate?

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Seller's statement is a breach only if Buyer already paid the full price. Buyer may enforce the obligation without first tendering payment if Seller gave notice before default that it would not perform and did not retract before performance was due. Seller's statement is irrelevant until the delivery date passes without delivery. Buyer must tender the full price before suing, even though Seller clearly said before the delivery date that it would not deliver.

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