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N.D. Cent. Code § 41-02-74

(2-611) Retraction of anticipatory repudiation

Known as the Uniform Commercial Code

The act spans §§ 41–41 (597 sections).

1. Until the repudiating party's next performance is due, the repudiating party can retract the party's repudiation unless the aggrieved party has since the repudiation canceled or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party 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 chapter (section 41-02-72).

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.

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