Anticipatory Repudiation Flashcards

1
Q

Aticipatory Repudiation Def

A

express and unequivocal statement that one is not going to perform
must be clear
doubtful or indefinite statement is not a repudiation

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2
Q

Repudiation

A

a refusal to perform a duty or obligation ownd to another party

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3
Q

Retraction of Repudiation

A

A party who has repudiated can retract/tack back the repudiation unless other party has:
1. detrimentally relied on the notice (likely by seeking alternatives)
2. expressly given notice to party that you regard as breach; or
constructively ggiving notice by filing suit

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4
Q

Is a threat an anticipatory repudiation?

A

no

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5
Q

What is first question to ask on exam?

A

Was claim ripe?

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6
Q

When is claim ripe?

A

Ordinarily a claim is not ripe until a breach has actually occurred.
exception: if a person anticipatorily repudiates the K, laim for relief will become ripe immediately

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