Anticipatory Repudiation Flashcards
Aticipatory Repudiation Def
express and unequivocal statement that one is not going to perform
must be clear
doubtful or indefinite statement is not a repudiation
Repudiation
a refusal to perform a duty or obligation ownd to another party
Retraction of Repudiation
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
Is a threat an anticipatory repudiation?
no
What is first question to ask on exam?
Was claim ripe?
When is claim ripe?
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