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On an anticipatory breach, the aggrieved party may:
AOnly wait until the due date
BOnly claim nominal damages
CDo nothing until the court directs
DEither rescind and sue at once, or keep the contract alive until the time for performance
Answer & Solution
Correct answer: D. Either rescind and sue at once, or keep the contract alive until the time for performance
Under Section 39 the promisee may treat the contract as rescinded and sue immediately, or keep it alive and await the due date.
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