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Anticipatory repudiation question
Posted: Tue Dec 06, 2011 7:26 pm
by gothamm
Lets say a party repudiates his promise before his performance is due. We know that the other party can either 1)sue immediately because of the anticipatory repudiation OR 2) he could demand adequate assurances OR 3) he could just wait until the time performance is due
lets say the innocent party chooses option 3. In the time that he is waiting, KNOWING that the other party has repudiated, does he have a duty to mitigate damages?
Re: Anticipatory repudiation question
Posted: Tue Dec 06, 2011 11:11 pm
by gothamm
Anybody? I am dying here...I think my finals is going to be based on this.
Re: Anticipatory repudiation question
Posted: Fri Dec 09, 2011 3:02 am
by target
I am not sure if this is too late for your final, but yes, the buyer has a duty to mitigate damages.
Re: Anticipatory repudiation question
Posted: Fri Dec 09, 2011 6:14 am
by Extension_Cord
gothamm wrote:Lets say a party repudiates his promise before his performance is due. We know that the other party can either 1)sue immediately because of the anticipatory repudiation OR 2) he could demand adequate assurances OR 3) he could just wait until the time performance is due
lets say the innocent party chooses option 3. In the time that he is waiting, KNOWING that the other party has repudiated, does he have a duty to mitigate damages?
If you are sure he repudiated you can sue immediately. If you have suspicion you must seek assurance, because if the court finds the other party was only in partial breach, your sueing or stop in performance is the material breach and YOU are the one who can be sued.
If assurances were not given then yes, you must mitigate to recover.