§ 336.2A-402 — Anticipatory Repudiation
Plain-Language Summary
This section covers anticipatory repudiation, which is when one party signals before performance is due that it will not perform, and the loss of that performance will substantially impair the value of the lease to the other party. The aggrieved party may wait a commercially reasonable time for the repudiating party to retract and perform, demand adequate assurance of future performance, or immediately pursue any default remedy under the lease or this article. The aggrieved party may also suspend its own performance, and a lessor may identify goods to the lease or salvage unfinished goods.
336.2A-402 ANTICIPATORY REPUDIATION.
If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:
(a) for a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;
(b) make demand pursuant to section 336.2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or
(c) resort to any right or remedy upon default under the lease contract or this article, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party’s performance and assurance and has urged retraction.
In addition, whether or not the aggrieved party is pursuing one of the remedies in this section, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this article on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (section 336.2A-524).
History:
1989 c 232 art 1 s 2A-402
History: History: 1989 c 232 art 1 s 2A-402