#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
- A clear statement or voluntary act indicating nonperformance.
- The performance is not yet due and its loss is sufficiently material.
- Consider remedies, adequate assurances, and any timely retraction.
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.