§ 336.2-610 — Anticipatory Repudiation
Plain-Language Summary
If one party clearly indicates they will not perform, the other party can wait for performance for a commercially reasonable time, or immediately treat it as a breach and pursue remedies. The aggrieved party can also suspend their own performance.
336.2-610 ANTICIPATORY REPUDIATION.
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (section 336.2-703 or section 336.2-711), even though the aggrieved party has notified the repudiating party that the aggrieved party would await the latter’s performance and has urged retraction; and
(c) in either case suspend the aggrieved party’s performance or proceed in accordance with the provisions of this article on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (section 336.2-704).
History:
1965 c 811 s 336.2-610; 1986 c 444
History: History: 1965 c 811 s 336.2-610; 1986 c 444