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WRITE 2-3 PRAGRAPHS FOR YOUR RESPONSE. MAKE SURE YOUR EACH PARAGRAPH SHOULD HAVE AT LEAST 5 SENTENCES: Your Comments/Thoughts For Information Below 12-1d Anticipatory Repudiation What if, before the time for contract performance, one party clearly communicates to the ot her the intention not to perform? As discussed earlier in this text, such an action is a breach of the contract by anticipatory repudiation. Possible Responses to Repudiation when anticipatory repudiation occurs, the nonbreach- ing party has a choice of two responses: 1. Treat the repudiation as a final breach by pursuing a remedy. 2. Wait to see if the repudiating party will decide to honor the contract despite the avowed intention to renege [UCC 2610, 2A402]. In either situation, the nonbreaching party may su spend performance. EXAMPLE 12.12 On April 1, Cora Lyn, who owns a small inn, purchases a suite of furni- ture from Tom Horton, proprietor of Horton's Furniture Warehouse. The contract states that "delivery must be made on or before May 1." On April 10, Horton informs Lyn that he cannot make delivery until May 10 and asks her to consent to the modified delivery date. Lyn has two options. She can either treat Hortons notice of late delivery as a final breach of contract and pursue a remedy or agree to the later delivery date. I A Repudiation May Be Retracted The UCC permits the breaching party to retract" his or her repudiation (subject to some limitations). This retraction can be done by any method that clearly indicates the party's intent to perform. Once retraction is made, the rights of the repudiating party under the cont ract are reinstated. There can be no retraction, however, if since the time of the repudiation the other party has canceled or materially changed position or otherwise indicated that the repudiation is final [UCC 2611, 2A403]. EXAMPLE 12.13 Suppose that in Example 12.12, Lyn does not respond to Horton's repudia- tion for two weeks. On April 24, Horton informs Lyn that he will be able to deliver the fur- niture by May 1 after all. In effect, Horton has retracted his repudiation, reinstating the rights and obligations of the parties under the original contract. Note that if Lyn had told Horton that she was canceling the contract after he repudiated, he would not have been able to retract his repudiation. I 12-2 Remedies for Breach When one party fails to carry out the performance promised in a contract, a breach occurs, and the aggrieved party looks for remedies. These remedies range from retaining the goods to requiring the breaching party's performance under the contract. The general purpose of these remedies is to put the aggrieved party "in as good a position as if the other party had fully performed." Remedies under the UCC are cumulative, meaning that an sales or lease contract is not limited to one exclusive remedy. Of course, a party still may not breached ent party to recover twice for the same harm