Anticipatory Repudiation
Learn about special rules applicable if a party manifests, by word or action and before performance is due, that she cannot or will not perform her contractual obligations.
Transcript
Under Article 2, a breach of contract occurs when one party fails to perform its contractual obligations. Generally, a breach occurs after the time for performance has passed. However, Article 2 recognizes the unfairness of forcing one party to perform when it has reasonable grounds to believe that the other party can’t or won’t perform. To address this unfairness, Article 2 has adopted the concept of anticipatory repudiation.
I. Anticipatory Repudiation
Generally speaking, anticipatory...
