Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2A-402 ANTICIPATORY REPUDIATION.
If either party repudiates a lease contract with respect to a performance not yet due under
the lease contract, the loss of which performance will substantially impair the value of the lease
contract to the other, the aggrieved party may:
(a) for a commercially reasonable time, await retraction of repudiation and performance by
the repudiating party;
(b) make demand pursuant to section 336.2A-401 and await assurance of future performance
adequate under the circumstances of the particular case; or
(c) resort to any right or remedy upon default under the lease contract or this article, even
though the aggrieved party has notified the repudiating party that the aggrieved party would await
the repudiating party's performance and assurance and has urged retraction.
In addition, whether or not the aggrieved party is pursuing one of the remedies in this section,
the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in
accordance with the provisions of this article on the lessor's right to identify goods to the lease
contract notwithstanding default or to salvage unfinished goods (section 336.2A-524).
History: 1989 c 232 art 1 s 2A-402
If either party repudiates a lease contract with respect to a performance not yet due under
the lease contract, the loss of which performance will substantially impair the value of the lease
contract to the other, the aggrieved party may:
(a) for a commercially reasonable time, await retraction of repudiation and performance by
the repudiating party;
(b) make demand pursuant to section 336.2A-401 and await assurance of future performance
adequate under the circumstances of the particular case; or
(c) resort to any right or remedy upon default under the lease contract or this article, even
though the aggrieved party has notified the repudiating party that the aggrieved party would await
the repudiating party's performance and assurance and has urged retraction.
In addition, whether or not the aggrieved party is pursuing one of the remedies in this section,
the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in
accordance with the provisions of this article on the lessor's right to identify goods to the lease
contract notwithstanding default or to salvage unfinished goods (section 336.2A-524).
History: 1989 c 232 art 1 s 2A-402
Official Publication of the State of Minnesota
Revisor of Statutes