Anticipatory
Repudiation
If before performance is due, one
party refuses to perform his or her contractual obligation.
Results in material breach.
The nonbreaching party should not
be required to remain ready and willing to perform when the other party has
repudiated the contract.
The nonbreaching party should
have the opportunity to seek a similar contract elsewhere.
Time for Performance.
Case 16.3: Manganaro Corp v. Hitt Contracting Inc.
(2002).
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