On May $1,$ Desi and Yan form a signed written contract requiring that Desi conduct a marketing study and prepare a report on the product that Yan manufactures and distributes. In exchange, Yan will pay Desi $$25,000.$ The contract provides: $$The parties will meet at Yan$$s offices on November $1,$ at which time they will make the exchange of payment for marketing report$$marketing report for payment.$$ On November $1,$ Desi arrives at Yan$$s office with the complete marketing report in his briefcase. In his desk drawer, Yan has a cashier$$s check for $$25,000,$ made payable to Desi. Yan asks for the marketing report. Desi says that he won$$t remove the report from his briefcase until Yan pays him. Yan says that he won$$t pay until Desi gives him the report. Is Desi in breach for failing to hand Yan the marketing report?

Group of answer choices

Yes; by refusing to deliver the report, Desi fails to honor his contractual promise

No; absent Yan$$s tender of payment, Desi is under no duty to perform

Yes; Yan has no duty to make payment until Desi first tenders the marketing report

No; Desi has no assurance that Yan genuinely intends to pay him