30-2-610. 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:
(1) for a commercially reasonable time await performance by the repudiating party; or
(2) resort to any remedy for breach (30-2-703 or 30-2-711), even though the aggrieved party has notified the repudiating party that it would await the latter's performance and has urged retraction; and
(3) in either case suspend 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 (30-2-704).
History: En. Sec. 2-610, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-610; amd. Sec. 868, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
Part 6. Breach, Repudiation, and Excuse
30-2-601. Buyer's rights on improper delivery
30-2-602. Manner and effect of rightful rejection
30-2-603. Merchant buyer's duties as to rightfully rejected goods
30-2-604. Buyer's options as to salvage of rightfully rejected goods
30-2-605. Waiver of buyer's objections by failure to particularize
30-2-606. What constitutes acceptance of goods
30-2-608. Revocation of acceptance in whole or in part
30-2-609. Right to adequate assurance of performance
30-2-610. Anticipatory repudiation
30-2-611. Retraction of anticipatory repudiation
30-2-612. "Installment contract" -- breach
30-2-613. Casualty to identified goods
30-2-614. Substituted performance