Question: A dealer needed a certain rare baseball card to complete a set that he had contracted to assemble and sell to a collector. On March
A dealer needed a certain rare baseball card to complete a set that he had contracted to assemble and sell to a collector. On March 1, the dealer obtained such a card from a woman in exchange for $1,000 and a written promise to redeliver to the woman "no later than December 31 of this year" a comparable specimen of the same kind of card. On March 2, the dealer consummated the sale of the complete set to the collector. On September 1, the market price of rare baseball cards suddenly began a rapid, sustained rise. On September 10, the woman wrote the dealer for assurance that the dealer would timely meet his card-replacement commitment to her. On September 15, the dealer telephoned the woman and said, "I absolutely will not replace your card until the market drops far below its present level." The woman sued the dealer on October 15 for the market value of a comparable replacement-card. If the dealer moves to dismiss the woman's complaint, which of the following is the woman's best argument in opposing the motion? A. The dealer breached an implied warranty by failing to supply the baseball card. B. The woman complied with her duty to mitigate her losses by promptly suing when the market rose. C. The woman may resort to any appropriate remedy for breach of contract because the dealer repudiated his performance. D. The woman may treat the dealer's anticipatory repudiation as an immediately actionable tort
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