Tennessee Code Annotated

Tenn. Code Ann. § 47-2-610 (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 (§ 47-2-703 or § 47-2-711), 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 (§ 47-2-704).

Acts 1963, ch. 81, § 1 (2-610).

Notes of Decisions

Cited in 1 case, 1999–1999 · leading case: Banco Int'l, Inc. v. Goody's Fam. Clothing, 54 F. Supp. 2d 765 (E.D. Tenn. 1999).

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Banco Int'l, Inc. v. Goody's Fam. Clothing, 54 F. Supp. 2d 765 (E.D. Tenn. 1999). · cites it 8× “Conclusions of Law Anticipatory repudiation of a contract for the sale of goods is governed by T.C.A. § 47-2-610. Anticipatory repudiation.”

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