M Civ JI 140.15 Contract Action - UCC: Anticipatory Repudiation - Definition

The [ buyer / seller ] claims that the [ seller / buyer ] breached the contract by repudiating [ his / her / its ] obligations under the contract before performance was due.

Repudiation occurs when a [ seller / buyer ] distinctly tells, or through [ his / her / its ] actions clearly shows, the [ buyer / seller ] that [ he / she / it ] does not intend or is unable to perform the contract or any part of the contract, and the loss of performance substantially impairs the value of the contract to the [ buyer / seller ].

You must determine whether the [ seller / buyer ] breached the contract by repudiation.

Comment

MCL 440.2610. See also Buys v Travis, 243 Mich 470; 220 NW 798 (1928); Fredonia Broadcasting Corp Inc v RCA Corp, 481 F2d 781 (CA 5, 1973).

History

M Civ JI 140.15 was added January 1987.