Adequate Assurance

Learn about special rules that apply if reasonable grounds for insecurity arise, short of an anticipatory repudiation, as to one party’s performance that is not yet due.

Transcript

As we discussed in another lesson, an anticipatory repudiation is a breach that occurs before the actual time for performance. Unfortunately, it’s not always easy to determine whether an anticipatory repudiation has occurred. To reduce this uncertainty, Article 2 allows an insecure party to confirm another party’s repudiation by requesting assurance of performance.

I. Adequate Assurance Generally

Under Article 2, if one party has reasonable grounds for insecurity regarding the other party’s...

Lessons

1. Welcome to Sales
  • Welcome to Sales
2. Introduction to UCC Article 2
  • Scope of Article 2: Transactions in Goods
  • Distinguishing Goods and Services Contracts
  • Key Terms in Article 2
3. Contract Formation and Modification
  • Contract Formation and Modification
  • Battle of the Forms
  • The Statute of Frauds
  • The Parol Evidence Rule
4. Contract Interpretation
  • Article 2 Gap-Fillers
  • Risk of Loss
  • Additional Interpretive Devices
5. Performance
  • The Perfect-Tender Rule and the Right to Cure
  • Inspection and Acceptance
  • Rejection and Revocation
6. Breach, Repudiation, and Excuse
  • Anticipatory Repudiation
  • Adequate Assurance
  • Impracticability of Performance
7. UCC Article 2 Warranties
  • Express Warranties
  • Implied Warranty of Merchantability
  • Implied Warranty of Fitness
  • Excluding and Modifying Warranties
8. Remedies
  • Seller's Remedies
  • Seller's Alternative Remedies
  • Buyer's Remedies for Nondelivery
  • Buyer's Remedies for Accepted Goods
  • Buyer's Incidental and Consequential Damages