Lawyordle™ · Study archive

#20 · 2026-08-26 · Legal term

Anticipatory repudiation

Anticipatory repudiation occurs when a party clearly indicates before performance is due that it will not perform. The aggrieved party may generally treat the repudiation as a breach, suspend performance, or sometimes await performance.

Rule to remember

Anticipatory repudiation is a definite pre-due-date refusal or inability to perform a material contractual obligation that permits the other party to invoke breach remedies before the performance date.

Key elements and checks

In the source’s words

“for a commercially reasonable time await performance by the repudiating party”

UCC § 2-610(a)

Common-law and UCC formulations differ, particularly regarding substantial impairment, adequate assurances, and retraction.

Sources