§ 2610. 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 (section 2703 or 2711), even though he has notified the repudiating party that he would await performance by the latter and has urged retraction; and
(3) in either case suspend his own performance or proceed in accordance with the provisions of this division on the right of the seller to identify goods to the contract notwithstanding breach or to salvage unfinished goods
(section 2704).
Cross References. Section 2610 is referred to in section 2709 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 26 - Breach, Repudiation and Excuse
Section 2601 - Rights of buyer on improper delivery
Section 2602 - Manner and effect of rightful rejection
Section 2603 - Duties of merchant buyer as to rightfully rejected goods
Section 2604 - Options of buyer as to salvage of rightfully rejected goods
Section 2605 - Waiver of objections of buyer by failure to particularize
Section 2606 - What constitutes acceptance of goods
Section 2608 - Revocation of acceptance in whole or in part
Section 2609 - Right to adequate assurance of performance
Section 2610 - Anticipatory repudiation
Section 2611 - Retraction of anticipatory repudiation
Section 2612 - "Installment contract"; breach
Section 2613 - Casualty to identified goods
Section 2614 - Substituted performance