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<p>[QUOTE=&quot;justafarmer, post: 3109004, member: 3926&quot;]Unless the terms for using Ebay expressly addresses this issue - actually there is a contract - between the buyer and seller. Once the seller gave notice to the buyer of cancelling the sale - there is an Unequivocal repudiation of the contract, before the commencement of its performance. An anticipatory breach gives the aggrieved party an immediate legal right to sue for damages as if it were a fundamental breach of contract, and releases it from its obligations under the contract. Two types of anticipatory breaches are: (1) Express repudiation, a clear refusal by a party to perform a contract. (2) Implied repudiation, an act of a party that puts the performance of a contract out of its own power to perform (such as when a party sells off its tools or other assets required in performance of the contract). Once the seller provided provided clear refusal to perform - it became a voidable contract which is left to the discretion of the aggrieved party in the circumstances presented herein - the buyer.[/QUOTE]</p><p><br /></p>

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