10.5.6.1 Uniform Commercial Code §§2-610, 2-611 | Kessler, Gilmore & Kronman | October 31, 2012

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10.5.6.1 Uniform Commercial Code §§2-610, 2-611

by Kessler, Gilmore & Kronman
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§2-610. ANTICIPATORY REPUDIATION

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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

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(a) for a commercially reasonable time await performance by the repudiating party; or

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(b) resort to any remedy for breach (Section 2-703 or Section 2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and

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(c) 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 (Section 2-704).

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§2-611. 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 cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.

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(2) Retraction may be by any method which dearly 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 (Section 2-609).

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(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.

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Annotated Text Information

June 02, 2014

10.5.6.1 Uniform Commercial Code §§2-610, 2-611

10.5.6.1 Uniform Commercial Code §§2-610, 2-611

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