Next Generation Bar Exam Quiz
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CONTRACTS
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An owner hired a contractor to build a custom deck for $30,000. The contract required the owner to pay $15,000 when the framing was complete and the remaining $15,000 on final inspection. The contractor finished the framing and submitted an invoice. The owner inspected the work, said the framing did not meet specifications, and refused to pay. The contractor emailed the owner: 'The framing meets specifications. Because you have not paid, I will not proceed with the decking until the framing payment is made. Once it is paid, I will complete the deck according to the contract.' The owner treated the email as an anticipatory repudiation, terminated the contractor, and hired another builder. The contractor sued.
Which issue is most likely dispositive of whether the contractor's email was an anticipatory repudiation?
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