Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-610 (2026)

Anticipatory repudiation

✓ current as of May 2026
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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 (KRS 355.2-703 or 355.2-711), 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 this article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (KRS 355.2-704). Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-610, effective July 1, 1960.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2007–2023 · leading case: Upton v. Ginn, 231 S.W.3d 788 (Ky. Ct. App. 2007).
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Upton v. Ginn, 231 S.W.3d 788 (Ky. Ct. App. 2007). · cites it 2× “KRS 355.2-610 provides: 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…”
In Re Oggusa, Inc. (6th Cir. 2023). “Comm’n 1977), as codified at Ky. Rev. Stat. Ann. § 355.2-610 ,6 quoted in Upton, 231 S.”
OGGUSA, Inc. v. Louisville Dryer Co. (Bankr. E.D. Ky. 2022). “§ 355.2-610 by sending the October 16 Email and December 3 Letter, entitling GenCanna to damages under K.”
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