Anticipatory Repudiation and Assurances of Performance

This lesson explores the contours of anticipatory repudiation, including the repudiating promisor's ability to retract his repudiation, the nonrepudiating promisee's right to demand adequate assurances of performance, and the effect of the promisor's repudiation on the promisee's obligation to perform.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Determine when there has been an anticipatory repudiation.
2. Describe the non-breaching party's remedies when the other party breaches by anticipatory repudiation.
3. Analyze whether the elements of a demand for adequate assurance of performance have been satisfied in a particular fact situation.