§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.