41-02-73. (2-610) Anticipatory repudiation.
120 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-73·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 (section 41-02-82 or 41-02-90), even though the
aggrieved party has notified the repudiating party that the aggrieved party would await
the latter's performance and has urged retraction; and
3. In either case suspend the aggrieved party's own performance or proceed in
accordance with the provisions of this chapter on the seller's right to identify goods to
the contract notwithstanding breach or to salvage unfinished goods (section 41-02-83).