#1 Can B sue S before 5/25?
1. Anticipatory Repudiation: Anticipatory repudiation occurs, in an executory bilateral between the parties, where a promisor, prior to the time set for performance, unequivocally manifests an intention not to perform the agreement by words or conduct. The nonbreaching party can treat the anticipatory repudiation as a total breach and sue immediately. Here, there is an executory bilateral contract because S and B have both unperformed duties- S was to deliver the car to B and B was to pay S the price. Also, S told B that she sold the car to another and would be shipped to Italy which are unequivocal manifestation.
#2 What provisional remedies might B seek?
1. Temporary Restraining Order:
2. Preliminary Injunction:
#3 Can B obtain the car by specific performance or replevin?
1. Specific Performance
2. Replevin
#4
(a) Can B recover damages for nondelivery?
1. Expectation Damages
2. Consequential Damages
3. Incidental Damages
(b) Can B instead recover damages for loss of expected increase in sales?
1. Consequential Damages
(c) Can B instead recover damages for the loss of the nonrefundable entry fee?
1. Consequential Damages