(2-610) Anticipatory repudiation
N.D. Cent. Code § 41-02-73
in effect41-02-73. (2-610) Anticipatory repudiation
When either party repudiates the contract with respect to a performance not yet due, the
loss of which will substantially impair the value of the contract to the other, the aggrieved party
may:
1. For a commercially reasonable time await performance by the repudiating party; or
2. Resort to any remedy for breach (section 41-02-82 or 41-02-90), even though the
aggrieved party has notified the repudiating party that the aggrieved party would await
the latter's performance and has urged retraction; and
3. In either case suspend the aggrieved party's own performance or proceed in
accordance with the provisions of this chapter on the seller's right to identify goods to
the contract notwithstanding breach or to salvage unfinished goods (section 41-02-83).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02.pdf#nameddest=41-02-73Fetched: 10/16/2026