Indiana Code

Ind. Code § 26-1-2-610 (2026)

Anticipatory repudiation

✓ current as of May 2026

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Sec. 610. 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:

(a) for a commercially reasonable time await performance by the repudiating party; or

(b) resort to any remedy for breach (IC 26-1-2-703 or IC 26-1-2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and

(c) in either case suspend his own performance or proceed in accordance with the provisions of IC 26-1-2-704 on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

Formerly: Acts 1963, c.317, s.2-610. As amended by P.L.152-1986, SEC.157.

Notes of Decisions

Cited in 6 cases, 1998–2020 · leading case: BRC Rubber & Plastics, Incorpo v. Cont'l Carbon Co., 900 F.3d 529 (7th Cir. 2018).

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BRC Rubber & Plastics, Incorpo v. Cont'l Carbon Co., 900 F.3d 529 (7th Cir. 2018). “" Ind. Code §§ 26-1-2-610 , 26-1-2-712. The complaint refers to the Agreement as a "requirements contract" multiple times.”

Wildwood Indus., Inc. v. Genuine Mach. Design, Inc., 587 F. Supp. 2d 1035 (N.D. Ind. 2008). · cites it 2× “Ind.Code 26-1-2-610 provides for remedies when another party breaches a sales contract: 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…”

BRC Rubber & Plastics, Incorpo v. Cont'l Carbon Co., 981 F.3d 618 (7th Cir. 2020). “Ind. Code § 26-1-2-610 , cmt. 2 (emphasis added).”

Jay Cnty. Rural Elec. Membership Corp. v. Wabash Valley Power Ass'n, 692 N.E.2d 905 (Ind. Ct. App. 1998). “Jay County argues that WVPA repudiated the contract when it notified Jay County of its desire to merge with another cooperative, Hoosier Energy.”

BRC Rubber & Plastics Inc v. Cont'l Carbon Co. (N.D. Ind. 2019). · cites it 4× “Ind. Code § 26-1-2-610 . “The most useful test of substantial value is to determine whether material inconvenience or injustice will result if the aggrieved party is forced to wait and receive an ultimate tender minus the part or aspect repudiated.”

BRC Rubber & Plastics, Incorpo v. Cont'l Carbon Co. (7th Cir. 2020). “Ind. Code § 26-1-2-610 , cmt. 2 (emphasis added).”

— Ind. Code § 26-1-2-610(c) — 1 case

Wildwood Indus., Inc. v. Genuine Mach. Design, Inc., 587 F. Supp. 2d 1035 (N.D. Ind. 2008). “Ind.Code 26-1-2-610 provides for remedies when another party breaches a sales contract: 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…”

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