41-02-74. (2-611) Retraction of anticipatory repudiation.

106 words·~1 min read·/nd/title-41/chapter-41-02-sales/41-02-74·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Until the repudiating party's next performance is due, the repudiating party can retract

the party's repudiation unless the aggrieved party has since the repudiation canceled

or materially changed the aggrieved party's position or otherwise indicated that the

aggrieved party considers the repudiation final.

2. Retraction may be by any method which clearly indicates to the aggrieved party that

the repudiating party intends to perform, but must include any assurance justifiably

demanded under the provisions of this chapter (section 41-02-72).

3. Retraction reinstates the repudiating party's rights under the contract with due excuse

and allowance to the aggrieved party for any delay occasioned by the repudiation.