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The Florida Senate

2004 Florida Statutes

Section 672.610, Florida Statutes 2004

672.610  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:

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

(2)  Resort to any remedy for breach (s. 672.703 or s. 672.711), even though the aggrieved party has notified the repudiating party that she or he would await the latter's performance and has urged retraction; and

(3)  In either case suspend her or his own performance or proceed in accordance with the provisions of this chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (s. 672.704).

History.--s. 1, ch. 65-254; s. 595, ch. 97-102.

Note.--s. 2-610, U.C.C.