Gina contracts in writing to sell her 2010 BMW to Jordan for $15,500. Gina agree

Question

Gina contracts in writing to sell her 2010 BMW to Jordan for $15,500. Gina agrees to deliver the BMW on Friday, and Jordan promises to pay the $15,500 the following Monday. On Thursday, Jordan tell Gina that he has changed his mind and no longer wants to purchase the BMW. Over the weekend, Jordan changes his mind again and tenders $15,500 to Gina on Monday. Gina has not sold the BMW to another party but refuses the tender and to deliver the BMW. Jordan claims that Gina has breached their contract. Gina contends that Jordan’s repudiation released him from his duty to perform under contact. Who is correct, and why?

Explanation / Answer

Gina is correct in the following case.

Gina is right that Jordan’s repudiation released him from his duty to perform under contact. Jordan rescinded the contract when he told Gina that he has changed his mind and no longer wants to purchase the BMW. Thus, the contract was discharged by rescission.

By the time when Jordan tendered $15,500 to Gina on Monday after the rescission, the cotract was already discharged thus there was no obligation on either parties.

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