Anticipatory Repudiation

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. Breach, Repudiation, and Excuse
  6. Anticipatory Repudiation

Checkout our iOS App for a better way to browser and research.

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:

  1. For a commercially reasonable time await performance by the repudiating party; or
  2. Resort to any remedy for breach (Code Section 11-2-703 or Code Section 11-2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and
  3. In either case suspend his own 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 (Code Section 11-2-704).

(Code 1933, § 109A-2 - 610, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, §§ 861-881.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:588.

C.J.S.

- 77A C.J.S., Sales, §§ 99, 105, 119, 125, 126, 327, 395, 406.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-610.

ALR.

- Anticipatory repudiation of contract for sale of goods by buyer as affecting time as of which damages are to be computed, 34 A.L.R. 114.

Anticipatory breach of executory contract as starting running of statute of limitations, 94 A.L.R. 455.

Doctrine of anticipatory breach as applicable to a contract which the complaining party has fully performed, 105 A.L.R. 460.

Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.

What constitutes anticipatory repudiation of sales contract under UCC § 2-610, 1 A.L.R.4th 527.


Download our app to see the most-to-date content.