In January, All Seasons, Inc. ordered $4000 of fireworks from Kaboom Ltd. with delivery to be on or before June 1. On April 15, Kaboom notifies All Seasons that it will not be able to perform the contract as agreed. How will the law characterize Kaboom's actions? Does All Seasons have to wait until June 1 before buying fireworks from another supplier?

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Answer:

How will the law characterize Kaboom's actions?

  • anticipatory repudiation

In contract law, the repudiation of a contract refers to refusal to perform the duties required by the contract. Anticipatory repudiation refers to notifying in advance that one party will not perform. Repudiation is generally considered a contract breach, since one party is refusing to perform and can result in a lawsuit.  

Does All Seasons have to wait until June 1 before buying fireworks from another supplier?

  • No, they can buy fireworks form other vendor as soon as possible.

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