Restatement Second of Contracts § 250
When a Statement or an Act Is a Repudiation
A repudiation is
- a statement by the obligor to the obligee indicating that the obligor will commit a breach that would of itself give the obligee a claim for damages for total breach under [R2C § 243], or
- a voluntary affirmative act which renders the obligor unable or apparently unable to perform without such a breach.