Cal. Com. Code § 2610

Breach, Repudiation and Excuse

Known as the Uniform Commercial Code

The act spans §§ 1101 to 12107 (623 sections).

Applied in 4 court decisions — leading case Puget Sound Energy, Inc. v. Pacific Gas & Electric Co. (In Re Pacific Gas & Electric Co.) (2002)

Most recently applied in Kyocera Corporation v. Prudential-Bache Trade Services Inc (July 2002)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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

(a) For a commercially reasonable time await performance by the repudiating party; or

(b) Resort to any rememdy for breach (Section 2703 or Section 2711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and

(c) In either case suspend his own performance or proceed in accordance with the provisions of this division on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2704).

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.