Florida Statutes

Fla. Stat. § 672.610 (2025)

Anticipatory repudiation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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672.610 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 (s. 672.703 or s. 672.711), even though the aggrieved party has notified the repudiating party that she or he would await the latter’s performance and has urged retraction; and

(3) In either case suspend her or his own 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 (s. 672.704).

History.—s. 1, ch. 65-254; s. 595, ch. 97-102.

Note.—s. 2-610, U.C.C.

Notes of Decisions

Cited in 3 cases, 2009–2013 · leading case: Validsa, Inc. v. PDVSA Servs. Inc., 632 F. Supp. 2d 1219 (S.D. Fla. 2009).

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Validsa, Inc. v. PDVSA Servs. Inc., 632 F. Supp. 2d 1219 (S.D. Fla. 2009). · cites it 4× “See Fla. Stat. § 672.610 cmt. *1238 n. 2. Specifically, by June 10, 2008, more than fifty days had passed since Plaintiff first requested adequate assurances in its April 17, 2008 letter (Exhibit U), and more than thirty days had passed since Plaintiff had requested assurances…”

Exim Brickell LLC v. PDVSA Servs. Inc., 516 F. App'x 742 (11th Cir. 2013). · cites it 2× “610 explain, “[Ajnticipatory repudiation centers upon an overt communication of intention or an action which renders performance impossible or demonstrates a clear determination not to continue with performance.”

Validsa, Inc. v. PDVSA Servs., Inc., 424 F. App'x 862 (11th Cir. 2011). “The district court indicated that these proposed contract modifications might themselves qualify as repudiations of the contracts under Fla. Stat. § 672.610 . Id. at 1238-39 . 2.”

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