Printable Format84-2-611. Retraction of anticipatory repudiation. (1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.
(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this article (section 84-2-609).
(3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
History: L. 1965, ch. 564, ยง 91; January 1, 1966.
KANSAS COMMENT, 1996
This section states the circumstances under which a repudiating party may retract its repudiation. Subsection (1) permits retraction until the aggrieved party cancels the contract, materially changes its position, or otherwise indicates that it considers the repudiation final. Bringing suit for damages for the anticipatory repudiation certainly would constitute either a material change in position or an indication that the party considered the repudiation final. Subsection (2) provides that retraction may be any method that "clearly indicates" that the repudiating party intends to perform. See Aero Consulting Corp. v. Cessna Aircraft Co., 867 F. Supp. 1480 (D. Kan. 1994). To be effective, the retraction must include any assurances justifiably demanded under section 84-2-609. Under subsection (3), an effective retraction reinstates the contract according to its original terms.
Law Review and Bar Journal References:
Anticipatory breach and bankruptcy, Richard F. Broude, 17 K.L.R. 1, 12, 13, 14, 15 (1968).
CASE ANNOTATIONS
1. Whether buyer's agent's conduct constituted anticipatory repudiation examined. Aere Consulting Corp. v. Cessna Aircraft Co., 867 F. Supp. 1480, 1493 (1994).