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2018 Georgia Code 11-2-611 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-2-611 Case Law from Google Scholar Amendments to OCGA 11-2-611

TITLE 11 COMMERCIAL CODE

Section 2. Sales, 11-2-101 through 11-2-725.

ARTICLE 2 SALES

11-2-611. 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 canceled 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 article (Code Section 11-2-609).
  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.

(Code 1933, § 109A-2 - 611, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2002, p. 415, § 11.)

The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted "canceled" for "cancelled" in subsection (1).

JUDICIAL DECISIONS

Implied contract created.

- Plaintiff's acceptance of defendant's continuing offer of sewer services created an enforceable implied contract between the parties. Georgia v. City of E. Ridge, 949 F. Supp. 1571 (N.D. Ga. 1996).

Conduct of parties evidencing retraction of repudiation.

- A buyer's attempt to cancel a sale order is not an anticipatory breach of the contract where the seller refuses to cancel and asks for adequate assurance of performance, both parties proceed as if the attempt to cancel has never taken place, the seller does not pursue any of its remedies under O.C.G.A. § 11-2-610, and the conduct of the parties over the ensuing months manifests an implicit understanding that such a repudiation has been retracted without injury. Wahnschaff Corp. v. O.E. Clark Paper Box Co., 166 Ga. App. 242, 304 S.E.2d 91 (1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, §§ 882-887.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:595.

C.J.S.

- 77A C.J.S., Sales, §§ 99, 105, 119, 141 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-611.

ALR.

- Anticipatory breach of executory contract as starting running of statute of limitations, 94 A.L.R. 455.

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