Mississippi Code

Miss. Code Ann. § 75-2-610 (2026)

Anticipatory repudiation

✓ current as of July 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 (Section 2-703 or Section 2-711) [Sections 75-2-703 or 75-2-711], 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 chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704) [Section 75-2-704].

Codes, 1942, § 41A:2-610; Laws, 1966, ch. 316, § 2-610, eff. 3/31/1968.

Notes of Decisions

Cited in 2 cases, 1983–2011 · leading case: Edgewood Manor Apt. Homes LLC v. Rsui Indem. Co., 782 F. Supp. 2d 716 (E.D. Wis. 2011).

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Edgewood Manor Apt. Homes LLC v. Rsui Indem. Co., 782 F. Supp. 2d 716 (E.D. Wis. 2011). “1979), addressed the definition of anticipatory breach under the Mississippi Uniform Commercial Code, Miss. Code Ann. § 75-2-610 (1972), which stated that “[w]hen either party repudiates the contract with respect to a performance not yet due the loss of which will substantially…”

Louis Dreyfus Corp., Cross-Appellant v. J.B. Brown & Michael Smith, Cross-Appellees, 709 F.2d 898 (5th Cir. 1983). “All parties concede that the central issue is whether the December 8 phone conversation constituted an anticipatory repudiation of the contracts under Miss.Code Ann. § 75-2-610 (1972). 4 The Mississippi Code does not define anticipatory repudiation, but the official comments…”

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