Section 45.02.610. 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 (AS 45.02.703 or 45.02.711), even though the aggrieved party has notified the repudiating party that the former 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 (AS 45.02.704).

Authorities

45.02.709

Notes

References

AS 45.02.709 Action for the price.

History

(Sec. 2.610 ch 114 SLA 1962)