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Carter properly commenced a diversity action in the applicable U.S. District Court against Benton. Carter claimed that he and Benton had entered a valid contract,
Carter properly commenced a diversity action in the applicable U.S. District Court against Benton. Carter claimed that he and Benton had entered a valid contract, that Benton had repudiated the agreement, and that as a consequence Carter had sustained economic losses of $90,000. Benton denied the existence of a contractual agreement. At trial, Benton attempted to introduce evidence that Carter had made an anticipatory repudiation of the alleged agreement prior to the time that Benton's performance was due. If this assertion is correct, Benton would have an affirmative defense to Carter's action (even if a valid contract had been formed). If Carter made a timely objection to the introduction of Benton's evidence pertaining to anticipatory repudiation, how should the court rule and why
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