---
title: "Anticipatory Repudiation"
type: Legal Term
source: https://casebriefly.com/legal-terms/anticipatory-repudiation
---

# Anticipatory Repudiation

Anticipatory repudiation occurs when a party unequivocally indicates, before the time for performance, that they will not perform their contractual obligations. The non-repudiating party may immediately treat the contract as breached and sue for damages, or wait a commercially reasonable time for performance. This doctrine originated in Hochster v. De La Tour and is codified in UCC Section 2-610.

## Related Terms

- breach-of-contract
- mitigation-of-damages
- specific-performance

## Related Cases

- hochster-v-de-la-tour
- nipsco-v-carbon-county-coal

## Example

A singer notifies the concert promoter two months before a scheduled performance: "I refuse to appear." The promoter may immediately sue or seek a replacement.

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Source: [Anticipatory Repudiation — CaseBriefly](https://casebriefly.com/legal-terms/anticipatory-repudiation)