LAW 600A Lecture Notes - Lecture 33: Anticipatory Repudiation, Affirmative Defense, British Rail Class 33
Document Summary
Not an affirmative defense that is required to be specifically pleaded. An explicit or implicit action that a party is not going to perform their contractual obligations. A repudiating party may retract their repudiation so long as the non-repudiating party has not done anything in reliance. Defendant enters into a contract with plaintiff for earth work. No time limit is set on when work is to be completed, but plaintiff promises defendant contractual work will be completed within one week. B/c of condition of ground, work had to be stopped. Defendant inquires multiple times as to when plaintiff will complete the work. Plai(cid:374)tiff tells defe(cid:374)da(cid:374)t that they (cid:449)ill (cid:862)get right o(cid:374) it(cid:863) Weeks pass with no work and defendant gives plaintiff one last chance to perform. Plaintiff fails to perform and defendant contracts a third party to complete work. Trial court rules in favor of defendant. Anticipatory repudiation is not an affirmative defense that is required to be specifically pleaded.
