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Glossary/Anticipatory repudiation

What is Anticipatory repudiation?

In short

Anticipatory repudiation occurs when one party clearly indicates, before performance is due, that it won't perform. The other party can treat it as a breach immediately and sue, or wait for performance.

Key takeaways

  • The repudiating party can retract before the other party has relied on the repudiation or said it is final.
  • Under the rules for sales of goods, a party with reasonable grounds for insecurity can demand adequate assurance of performance.
  • The non-breaching party must still take reasonable steps to limit its losses.

Where it's tested

REG: Business Law: Contracts — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

Before performance is due, a seller clearly tells the buyer that it will not deliver the goods. What may the buyer do?

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