S.D. Codified Laws § 57A-2-610

Anticipatory repudiation

Known as the Uniform Commercial Code

The act spans §§ 57A-1-101 to 57A-9-809 (574 sections).

Applied in 1 court decision — leading case Arcon Construction Co. v. South Dakota Cement Plant (1984)

Most recently applied in Arcon Construction Co. v. South Dakota Cement Plant (May 1984)

Source: SL 1966, ch 150, § 2-610; SDCL, § 57-7-27.

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 remedy for breach (§ 57A-2-703 or 57A-2-711), 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 chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ 57A-2-704).

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