Impact of Article 2B

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This is an unofficial draft of Article 2B from April 15, 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm

SECTION 2B-621. ANTICIPATORY REPUDIATION. When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:

(1) for a commercially reasonable time await performance by the repudiating party; or

(2) resort to any remedy for breach, even though it has notified the repudiating party that it would await the latter's performance and has urged retraction; and

(3) in either case, suspend or cease its own performance or proceed in accordance with the provisions of Sections 2B-712 or 2B-713 as applicable.

Committee Action: Considered without substantial substantive comment.

Uniform Law Source: 2-610.

Reporter's Note: Corresponds to Article 2; deletes language in (b) which is not in current Article 2.