11) This type of ex ante declaration of an intention to deviate from the state's promised behavior bears the most similarity to the doctrine of anticipatory repudiation
, under which a party repudiates its contractual duties before the time for performance arrives, (12) Before exploring the analytical utility of anticipatory repudiation
, (13) it may be worthwhile to explore a simpler concept in governing contract-based relationships.
By interpreting anticipatory repudiation
rules in this way, courts could motivate parties to avoid or reduce the breach costs that would otherwise result if the promisee were allowed to delay mitigation until the time of performance.
53) The Board stated that the standards for anticipatory repudiation
were set forth in United States v.
Although the Roberds court does not address other available UCC remedies such as stoppage in transit or anticipatory repudiation
, either could remove resulting payments from the sphere of ordinary course if they create "abnormal" payments.
The Request for Adequate Assurance and Later Anticipatory Repudiation
American Axle is a Tier One supplier to automotive original equipment manufacturers, including GM, Ford, Chrysler and Harley Davidson.
Furthermore RIGS sent a letter informing PNC that its actions constituted an anticipatory repudiation
of the merger agreement between the two entities and that RIGS is now entitled to discuss merger combinations with other interested parties.
A supplier must cautiously proceed with respect to anticipatory repudiation
, which is deemed to have occurred when the statements or actions are unequivocal, definite and final, or where an action reasonably indicates a rejection of continuing obligations.
Riggs today has sent a letter informing PNC that its actions constituted an anticipatory repudiation
of the Merger Agreement and that Riggs is now entitled to discuss merger combinations with other interested parties.
Well, the concept of anticipatory repudiation
is not quite as dramatic or messy, but some analogies can be drawn.
The complaint alleges breach of a contract and of the duty to deal fairly and lack of good faith, anticipatory repudiation
of a contract, negligent misrepresentation and unfair competition.