A businesswoman with dual citizenship in the Unite...
A businesswoman with dual citizenship in the United States and the United Kingdom decided to transfer her entire business overseas. She entered into a contract with a buyer for the sale of her home, which included a large home office, for $325,000. The contract further provided that the transfer of the deed, as well as the buyer’s payment of the purchase price, would occur on May 1, one month from the date of the contract. After the signing of the contract, the businesswoman traveled to England to begin the process of setting up her headquarters there. She expected to stay four weeks and to return home the day before the closing date of the contract. However, en route home to the United States, the businesswoman found herself stranded in Madrid, Spain, following a layover and several flight delays and cancellation. As a result, she did not arrive home until May 2, the day after the closing date. Upon her return the businesswoman contacted the buyer to reschedule the closing. However, the buyer was highly offended at the businesswoman’s failure to show upon the promised date or to contact him about the delay, and he informed her that he would be canceling the contract due to her breach. If the businesswoman files an action seeking the buyer’s specific performance of the contract, will she prevail?
A、(A) No, because unless otherwise provided in the terms of the contract, a party’s failure to render performance on the date promised constitutes a repudiation of the contract.
B、(B) No, because specific performance is not and appropriate remedy for a buyer’s breach of a contract for the sale of land.
C、(C) Yes, because the businesswoman’s delay in performance was justified under the circumstances.
D、(D) Yes, because the contract did not provide that time was of the essence.