§490:2-610 - Anticipatory repudiation. - Hawaii Statutes

     §490:2-610  Anticipatory repudiation.  When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:

    (a)   For a commercially reasonable time await performance by the repudiating party; or

    (b)   Resort to any remedy for breach (section 490:2-703 or section 490:2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and

    (c)   In either case suspend his own performance or proceed in accordance with the provisions of this article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (section 490:2-704). [L 1965, c 208, §2-610; HRS §490:2-610]

 

Case Notes

 

  Section applicable to some situations involving transactions in land.  2 H. App. 597, 637 P.2d 1147.