Contracts
Anticipatory Repudiation
Definition
Anticipatory repudiation occurs when a party unequivocally indicates, before the time for performance, that they will not perform their contractual obligations. The non-repudiating party may immediately treat the contract as breached and sue for damages, or wait a commercially reasonable time for performance. This doctrine originated in Hochster v. De La Tour and is codified in UCC Section 2-610.
Example
A singer notifies the concert promoter two months before a scheduled performance: "I refuse to appear." The promoter may immediately sue or seek a replacement.