LAW 506-002 – Contracts II

Restatement Second of Contracts § 253


Effect of a Repudiation as a Breach and on Other Party's Duties

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  1. Where an obligor repudiates a duty before he has committed a breach by non-performance and before he has received all of the agreed exchange for it, his repudiation alone gives rise to a claim for damages for total breach.
  2. Where performances are to be exchanged under an exchange of promises, one party's repudiation of a duty to render performance discharges the other party's remaining duties to render performance.