Contracts: Excuse of Performance Based on Later Events: Other party's anticipatory repudiation

  • The other party’s anticipatory repudiation may provide an excuse for non-performance.
    • Operates just like a material breach. If I tell Martha that I am not going to pay her for her work on my house upon completion, as agreed, she can stop work and sue me for damages.
    • An anticipatory repudiation can be retracted as long as it has not been relied on.
    • Repudiation by conduct can also excuse performance.