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Chapter 8

ANTICIPATORY REPUDIATION AND OTHER ASPECTS OF BREACH


ChapterScope

This chapter discusses the consequences of: (1) anticipatory repudiations (which are repudiations that occur before the repudiator's performance is due) and (2) repudiations that occur after the time for performance. Key concepts:

  • Anticipatory repudiation: An anticipatory repudiation can occur where the promisor: (1) makes clear statements that he will not perform; (2) uses ambiguous language accompanied by conduct that evinces an unwillingness to perform; or (3) or commits a voluntary act that renders his performance impossible (e.g., a vendor conveys a parcel of land to a party other than the vendee).
    • Immediate suit for breach: When an anticipatory repudiation occurs, the repudiatee may generally sue immediately for breach, even though the repudiator's time for performance has not yet arrived.
    • Retraction: A repudiation may usually be retracted, if the retraction is communicated to the aggrieved party before he has changed his position materially in reliance on the repudiation.
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