Anticipatory Repudiation and Adequate Assurance of Future Performance

Summary

This practice note addresses the concepts of anticipatory repudiation and the right to demand adequate assurance of future performance with respect to an agreement for the sale of goods under the Uniform Commercial Code (UCC). The note also discusses, among other things, requirements for repudiation, how a party should proceed in making and responding to a demand for adequate assurance, and available remedies under the UCC.