Anticipatory repudiation

84-2a-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: (1) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party; (2) make demand pursuant to K.S.A. 84-2a-311 [84-2a-401] and await assurance of future performance adequate under the circumstances of the particular case; or (3) 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 foregoing remedies, 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 (K.S.A. 84-2a-524). History: L. 1991, ch. 295, § 43; February 1, 1992. KANSAS COMMENT, 1996 The section extends the doctrine of anticipatory repudiation to lease contracts under Article 2A. It is based on section 84-2-610. The principal difference between the two sections is 84-2a-402(b), which expressly permits a party to respond to an anticipatory repudiation by demanding assurances. That option was available as well under Article 2, although not listed in section 84-2-610. The changes are only to make the provision applicable to leases. See 1996 Kansas Comments to 84-2-610 for further discussion.