Retraction of Anticipatory Repudiation

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

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  1. Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation canceled or materially changed his position or otherwise indicated that he considers the repudiation final.
  2. Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this article (Code Section 11-2-609).
  3. Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.

(Code 1933, § 109A-2 - 611, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2002, p. 415, § 11.)

The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted "canceled" for "cancelled" in subsection (1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, §§ 882-887.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:595.

C.J.S.

- 77A C.J.S., Sales, §§ 99, 105, 119, 141 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-611.

ALR.

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


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