28-2-611. RETRACTION OF ANTICIPATORY REPUDIATION. (1) Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.
(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this chapter (section 28-2-609).
(3) Retraction reinstates the repudiating party’s rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
History:
[28-2-611, added 1967, ch. 161, sec. 2-611, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 6 - BREACH, REPUDIATION AND EXCUSE
Section 28-2-601 - BUYER’S RIGHTS ON IMPROPER DELIVERY.
Section 28-2-602 - MANNER AND EFFECT OF RIGHTFUL REJECTION.
Section 28-2-603 - MERCHANT BUYER’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-2-604 - BUYER’S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS.
Section 28-2-605 - WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE.
Section 28-2-606 - WHAT CONSTITUTES ACCEPTANCE OF GOODS.
Section 28-2-608 - REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.
Section 28-2-609 - RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.
Section 28-2-610 - ANTICIPATORY REPUDIATION.
Section 28-2-611 - RETRACTION OF ANTICIPATORY REPUDIATION.
Section 28-2-612 - “INSTALLMENT CONTRACT” — BREACH.
Section 28-2-613 - CASUALTY TO IDENTIFIED GOODS.
Section 28-2-614 - SUBSTITUTED PERFORMANCE.
Section 28-2-615 - EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS.