Anticipatory repudiation under the common law and under the UCC
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BAR EXAM · FLASHCARDS
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QUESTION
What exception bars an immediate suit when the non-repudiating party has fully performed and only payment of money remains?
QUESTION
What conduct constitutes an anticipatory repudiation?
QUESTION
What distinguishes a repudiation from a statement of doubt about future performance?
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ANSWER
A repudiation is an unequivocal refusal to perform; doubt about ability to perform is not. Doubt may justify a demand for adequate assurance but does not by itself permit cancellation.