Moore contracted in writ- ing to sell her 2012 Hyundai Santa Fe to Hammer for $1

Question

Moore contracted in writ- ing 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 follow- ing 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. Who is correct, and why?

Explanation / Answer

Solution.

If either Party (a) commits a material breach or material default in the performance or observance of any of its obligations under this Agreement, and (b) such breach or default continues for a period of [CURE PERIOD] after delivery by the other Party of written notice reasonably detailing such breach or default, then (c) the non-breaching or non-defaulting Party shall have the right to terminate this Agreement, with immediate effect, by giving written notice to the breaching or defaulting Party.

In this situation Hammer is right. In this case Moore had breach theire contract. When Hammer informed Moore On Tuesday, That he would not be buying the car after all. This informetion was not given in written.According to law contract will be continue upto written notice .

Therefore absence of written notice Moore can't be contended to Hammer’s.

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