{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-610.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-610.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-610.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-610.html"}],"law_id":72611,"edition_id":1,"section_id":72611,"structure_id":13474,"section_number":"8.2-610","catch_line":"Anticipatory repudiation","history":"1964, c. 219.","full_text":"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\n\na\n\nfor a commercially reasonable time await performance by the repudiating party; orb\n\nresort to any remedy for breach (§ 8.2-703 or § 8.2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; andc\n\nin either case suspend his own performance or proceed in accordance with the provisions of this title on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ 8.2-704).","order_by":null,"text":{"0":{"id":261368,"text":"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","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":261369,"text":"for a commercially reasonable time await performance by the repudiating party; or","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":261370,"text":"resort to any remedy for breach (§ 8.2-703 or § 8.2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"3":{"id":261371,"text":"in either case suspend his own performance or proceed in accordance with the provisions of this title on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ 8.2-704).","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"ancestry":[{"id":13474,"edition_id":1,"name":"Breach, Repudiation and Excuse","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":282199,"object_type":"structure","relational_id":13474,"identifier":"6","token":"8.2\/6","url":"\/8.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65792,"structure_id":13474,"section_number":"8.2-601","catch_line":"Buyer's rights on improper delivery","url":"\/8.2-601\/","token":"8.2\/6\/8.2-601","metadata":false},{"id":66830,"structure_id":13474,"section_number":"8.2-602","catch_line":"Manner and effect of rightful rejection","url":"\/8.2-602\/","token":"8.2\/6\/8.2-602","metadata":false},{"id":61294,"structure_id":13474,"section_number":"8.2-603","catch_line":"Merchant buyer's duties as to rightfully rejected goods","url":"\/8.2-603\/","token":"8.2\/6\/8.2-603","metadata":false},{"id":72944,"structure_id":13474,"section_number":"8.2-604","catch_line":"Buyer's options as to salvage of rightfully rejected goods","url":"\/8.2-604\/","token":"8.2\/6\/8.2-604","metadata":false},{"id":73162,"structure_id":13474,"section_number":"8.2-605","catch_line":"Waiver of buyer's objections by failure to particularize","url":"\/8.2-605\/","token":"8.2\/6\/8.2-605","metadata":false},{"id":62398,"structure_id":13474,"section_number":"8.2-606","catch_line":"What constitutes acceptance of goods","url":"\/8.2-606\/","token":"8.2\/6\/8.2-606","metadata":false},{"id":74581,"structure_id":13474,"section_number":"8.2-607","catch_line":"Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over","url":"\/8.2-607\/","token":"8.2\/6\/8.2-607","metadata":false},{"id":68731,"structure_id":13474,"section_number":"8.2-608","catch_line":"Revocation of acceptance in whole or in part","url":"\/8.2-608\/","token":"8.2\/6\/8.2-608","metadata":false},{"id":70729,"structure_id":13474,"section_number":"8.2-609","catch_line":"Right to adequate assurance of performance","url":"\/8.2-609\/","token":"8.2\/6\/8.2-609","metadata":false},{"id":72611,"structure_id":13474,"section_number":"8.2-610","catch_line":"Anticipatory repudiation","url":"\/8.2-610\/","token":"8.2\/6\/8.2-610","metadata":false},{"id":74264,"structure_id":13474,"section_number":"8.2-611","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2-611\/","token":"8.2\/6\/8.2-611","metadata":false},{"id":54438,"structure_id":13474,"section_number":"8.2-612","catch_line":"\"Installment contract\"; breach","url":"\/8.2-612\/","token":"8.2\/6\/8.2-612","metadata":false},{"id":77785,"structure_id":13474,"section_number":"8.2-613","catch_line":"Casualty to identified goods","url":"\/8.2-613\/","token":"8.2\/6\/8.2-613","metadata":false},{"id":58568,"structure_id":13474,"section_number":"8.2-614","catch_line":"Substituted performance","url":"\/8.2-614\/","token":"8.2\/6\/8.2-614","metadata":false},{"id":63012,"structure_id":13474,"section_number":"8.2-615","catch_line":"Excuse by failure of presupposed conditions","url":"\/8.2-615\/","token":"8.2\/6\/8.2-615","metadata":false},{"id":81517,"structure_id":13474,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","url":"\/8.2-616\/","token":"8.2\/6\/8.2-616","metadata":false}],"previous_section":{"id":70729,"structure_id":13474,"section_number":"8.2-609","catch_line":"Right to adequate assurance of performance","url":"\/8.2-609\/","token":"8.2\/6\/8.2-609","metadata":false},"next_section":{"id":74264,"structure_id":13474,"section_number":"8.2-611","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2-611\/","token":"8.2\/6\/8.2-611","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-610\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":69334,"section_number":"8.2-709","catch_line":"Action for the price","order_by":null,"url":"\/8.2-709\/"}],"refers_to":[{"id":78574,"section_number":"8.2-703","catch_line":"Seller's remedies in general","order_by":null,"url":"\/8.2-703\/"},{"id":83665,"section_number":"8.2-704","catch_line":"Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods","order_by":null,"url":"\/8.2-704\/"},{"id":71698,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","order_by":null,"url":"\/8.2-711\/"}],"permalink":{"id":282237,"object_type":"law","relational_id":72611,"identifier":"8.2-610","token":"8.2\/6\/8.2-610","url":"\/8.2-610\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-610\/","token":"8.2\/6\/8.2-610","dublin_core":{"Title":"Anticipatory repudiation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-610","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When either party repudiates the contract<\/span> with respect to a performance not yet due the loss of which will substantially impair the value of the contract<\/span> to the other, the aggrieved party<\/span> may<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> for a commercially reasonable time await performance by the repudiating party; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> resort to any remedy for breach (§ 8.2-703<\/a> or § 8.2-711<\/a>), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> in either case suspend his own performance or proceed in accordance with the provisions of this title on the seller’s right to identify goods to the contract<\/span> notwithstanding breach or to salvage unfinished goods (§ 8.2-704<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANTICIPATORY REPUDIATION (\u00a7 8.2-610)\n\nWhen either party repudiates the contract with respect to a performance not yet\ndue the loss of which will substantially impair the value of the contract to the\nother, the aggrieved party may\n\na. for a commercially reasonable time await performance by the repudiating\nparty; or\n\nb. resort to any remedy for breach (§ 8.2-703 or § 8.2-711), even\nthough he has notified the repudiating party that he would await the\nlatter’s performance and has urged retraction; and\n\nc. in either case suspend his own performance or proceed in accordance with the\nprovisions of this title on the seller’s right to identify goods to the\ncontract notwithstanding breach or to salvage unfinished goods (§ 8.2-704).\n\nHISTORY: 1964, c. 219.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}