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ABC Clothiers, Inc., has a contract with Taylor &Sons, a retailer, to deliver one thousand summer suits to Taylor's place of business on or before

ABC Clothiers, Inc., has a contract with Taylor &Sons, a retailer, to deliver one thousand summer suits to Taylor's place of business on or before May 1. On April 1, Taylor receives a letter from ABC informing him that ABC will not be able to make the delivery as scheduled. Taylor is very upset, as he had planned a big ad campaign. (See Discharge by Performance.)

(a) The first group will discuss whether Taylor can immedi- ately sue ABC for breach of contract (on April 2)

(b) Now suppose that Taylor's son, Tom, tells his father that they cannot file a lawsuit until ABC actually fails to deliver the suits on May 1. The second group will decide who is correct, Taylor senior or Tom. (c) Assume that Taylor & Sons can either file immediately or wait until ABC fails to deliver the goods. The third group will evaluate which course of action is better, given the circumstances.

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