Anticipatory Repudiation
A.  Elements
1.  Unambiguous statement
2.  That the repudiating party will not perform
3.  Made prior to the time that performance was due
B.  Excuses the other party’s duty to perform
C.  General rule – gives rise to an immediate claim for damages
1.  Exception – claimant has already finished his performance
D.  Eliminating repudiation
1.  Can be reversed/retracted so long as there has not been a material change in position by the innocent party
2.  If done timely the duty to perform is reinstated, but the innocent party may require adequate assurance


Anticipatory repudiation Resources

Cornell law on anticipatory repudiation

Anticipatory Repudiation & Plea Agreements

Anticipatory Repudiation definition and Explanation

Retraction of anticipatory repudiation

Adequate measures of performance

Wikipedia on anticipatory repudiation

E.  Inability to perform
1.  One party is no longer physically able to uphold their end house, but prior to P completing painting O sells blackacre. P is excused from continued performance