Anticipatory Repudiation

Question 1

Anticipatory Repudiation - Default

Answer 1

Prior to contract date, one party unequivocally refuses to perform

has to be an absolute refusal to perform

Question 2

Anticipatory Repudiation Options/”Remedies”

Answer 2

Non-Breaching Party may:
- hold in total breach; OR
- wait until day of contract, and/or
- begin looking for new party

Question 3

Anticipatory Repudiation - Not Repudiation but in Doubt

Answer 3

if puts other party in doubt about ability to perform, though not repudiation, can demand assurances.
Party which assurances are demanded from must respond in a reasonable amount of time.
- if party responds in reasonable amount of time: must wait
- if party doesn’t respond in reasonable amount of time: you can sue