30-2-611. Retraction of anticipatory repudiation. (1) Until the repudiating party's next performance is due that party can retract the repudiation unless the aggrieved party has since the repudiation canceled or materially changed position or otherwise indicated that the repudiation is 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 (30-2-609).
(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: En. Sec. 2-611, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-611; amd. Sec. 869, 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