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Multiple Choice

Under common law anticipatory repudiation, what rights does the non-repudiating party have?

Anticipatory repudiation happens when one party clearly signals, before performance is due, that they will not perform. The non-repudiating party isn’t stuck waiting; they can treat the contract as breached and sue for damages right away. At the same time, the party who repudiated can retract that repudiation—giving the contract another chance—so long as the other party hasn’t already relied on it or treated the contract as breached. So, the non-repudiating party may sue immediately, and the repudiating party may retract the repudiation.

Anticipatory repudiation happens when one party clearly signals, before performance is due, that they will not perform. The non-repudiating party isn’t stuck waiting; they can treat the contract as breached and sue for damages right away. At the same time, the party who repudiated can retract that repudiation—giving the contract another chance—so long as the other party hasn’t already relied on it or treated the contract as breached. So, the non-repudiating party may sue immediately, and the repudiating party may retract the repudiation.