Michigan Compiled Laws

Mich. Comp. Laws § 440.2610 (2026)

Anticipatory repudiation.

✓ current as of July 2026

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UNIFORM COMMERCIAL CODE

Act 174 of 1962

440.2610 Anticipatory repudiation.

Sec. 2610.

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 (section 2703 or section 2711), 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 (section 2704).

History: 1962, Act 174, Eff. Jan. 1, 1964

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1970–2021 · leading case: Detroit Power Screwdriver v. Ladney, 181 N.W.2d 828 (Mich. Ct. App. 1970).

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Detroit Power Screwdriver v. Ladney, 181 N.W.2d 828 (Mich. Ct. App. 1970). · cites it 2× “MCLA § 440.2610 (Stat Ann 1964 Rev § 19.2610) provides in part: “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 * * # “(b) resort to…”

Mayco Plastics, Inc. v. TRW Veh. Saf. Sys., Inc. (In Re Mayco Plastics, Inc.), 389 B.R. 7 (Bankr. E.D. Mich. 2008). · cites it 2× “What were TRW’s remedies upon the Debtor’s repudiation of TRW’s purchase orders? Mich. Comp. Laws Ann. § 440.2610 provides remedies for an aggrieved party where the other party to a contract has repudiated it.”

Sogefi USA, Inc. v. Interplex Sunbelt, Inc. (S.D.W. Va 2021). “See Mich. Comp. Laws § 440.2610 (“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 .”

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