Breach

Question 1

Breach of Contract

Question 2

Anticipatory Repudiation: CL

Answer 2

A party is deemed to have breached a contract when their words or actions constitute a clear and unequivocal anticipatory repudiation.

Non-breaching party options:

• Sue for Breach
  
  • unless performance complete and only payment due
• Ignore, demand performance, continue performing
  
  • unless such performance would increase damages

A repudiating party may retract a repudiation UNTIL:

• act in reliance
• acceptance or repudiation
• action for breach commenced

Question 3

Anticipatory Repudiation: UCC

Answer 3

• unequivocal refusal to perform
• prospective inability to perform if:
  
  • demand for adequate assurance
  • failure to provide adequate assurance
    
    • (no response in 30 days)