{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-402.html"}],"law_id":76228,"edition_id":1,"section_id":76228,"structure_id":14708,"section_number":"8.2A-402","catch_line":"Anticipatory repudiation","history":"1991, c. 536.","full_text":"If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:\n\na\n\nFor a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;b\n\nMake demand pursuant to § 8.2A-401 and await assurance of future performance adequate under the circumstances of the particular case; orc\n\nResort to any right or remedy upon default under the lease contract or this title, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this title on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (§ 8.2A-524).","order_by":null,"text":{"0":{"id":273715,"text":"If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":273716,"text":"For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":273717,"text":"Make demand pursuant to § 8.2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"3":{"id":273718,"text":"Resort to any right or remedy upon default under the lease contract or this title, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this title on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (§ 8.2A-524).","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"ancestry":[{"id":14708,"edition_id":1,"name":"Performance of Lease Contract; Repudiated, Substituted and Excused","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:49:26","date_modified":"2026-06-26 03:49:26","permalink":{"id":282539,"object_type":"structure","relational_id":14708,"identifier":"4","token":"8.2A\/4","url":"\/8.2A\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78858,"structure_id":14708,"section_number":"8.2A-401","catch_line":"Insecurity: adequate assurance of performance","url":"\/8.2A-401\/","token":"8.2A\/4\/8.2A-401","metadata":false},{"id":76228,"structure_id":14708,"section_number":"8.2A-402","catch_line":"Anticipatory repudiation","url":"\/8.2A-402\/","token":"8.2A\/4\/8.2A-402","metadata":false},{"id":66265,"structure_id":14708,"section_number":"8.2A-403","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2A-403\/","token":"8.2A\/4\/8.2A-403","metadata":false},{"id":76466,"structure_id":14708,"section_number":"8.2A-404","catch_line":"Substituted performance","url":"\/8.2A-404\/","token":"8.2A\/4\/8.2A-404","metadata":false},{"id":80718,"structure_id":14708,"section_number":"8.2A-405","catch_line":"Excused performance","url":"\/8.2A-405\/","token":"8.2A\/4\/8.2A-405","metadata":false},{"id":65599,"structure_id":14708,"section_number":"8.2A-406","catch_line":"Procedure on excused performance","url":"\/8.2A-406\/","token":"8.2A\/4\/8.2A-406","metadata":false},{"id":56364,"structure_id":14708,"section_number":"8.2A-407","catch_line":"Irrevocable promises: finance leases","url":"\/8.2A-407\/","token":"8.2A\/4\/8.2A-407","metadata":false}],"previous_section":{"id":78858,"structure_id":14708,"section_number":"8.2A-401","catch_line":"Insecurity: adequate assurance of performance","url":"\/8.2A-401\/","token":"8.2A\/4\/8.2A-401","metadata":false},"next_section":{"id":66265,"structure_id":14708,"section_number":"8.2A-403","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2A-403\/","token":"8.2A\/4\/8.2A-403","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-402\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 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 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":62750,"section_number":"8.2A-508","catch_line":"Lessee's remedies","order_by":null,"url":"\/8.2A-508\/"},{"id":80116,"section_number":"8.2A-529","catch_line":"Lessor's action for the rent","order_by":null,"url":"\/8.2A-529\/"}],"refers_to":[{"id":78858,"section_number":"8.2A-401","catch_line":"Insecurity: adequate assurance of performance","order_by":null,"url":"\/8.2A-401\/"},{"id":57869,"section_number":"8.2A-524","catch_line":"Lessor's right to identify goods to lease contract","order_by":null,"url":"\/8.2A-524\/"}],"permalink":{"id":282545,"object_type":"law","relational_id":76228,"identifier":"8.2A-402","token":"8.2A\/4\/8.2A-402","url":"\/8.2A-402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-402\/","token":"8.2A\/4\/8.2A-402","dublin_core":{"Title":"Anticipatory repudiation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If either party repudiates a lease contract<\/span> with respect to a performance not yet due under the lease contract<\/span>, the loss of which performance will substantially impair the value of the lease 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 retraction of repudiation and performance by the repudiating party; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Make demand pursuant to § 8.2A-401<\/a> and await assurance of future performance adequate under the circumstances of the particular case; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Resort to any right or remedy upon default<\/span> under the lease contract<\/span> or this title, even though the aggrieved party<\/span> has notified the repudiating party that the aggrieved party<\/span> would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the aggrieved party<\/span> is pursuing one of the foregoing remedies, the aggrieved party<\/span> may suspend performance or, if the aggrieved party<\/span> is the lessor, proceed in accordance with the provisions of this title on the lessor’s right to identify goods to the lease contract<\/span> notwithstanding default<\/span> or to salvage unfinished goods (§ 8.2A-524<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANTICIPATORY REPUDIATION (\u00a7 8.2A-402)\n\nIf either party repudiates a lease contract with respect to a performance not\nyet due under the lease contract, the loss of which performance will\nsubstantially impair the value of the lease contract to the other, the aggrieved\nparty may:\n\na. For a commercially reasonable time, await retraction of repudiation and\nperformance by the repudiating party;\n\nb. Make demand pursuant to § 8.2A-401 and await assurance of future\nperformance adequate under the circumstances of the particular case; or\n\nc. Resort to any right or remedy upon default under the lease contract or this\ntitle, even though the aggrieved party has notified the repudiating party that\nthe aggrieved party would await the repudiating party’s performance and\nassurance and has urged retraction. In addition, whether or not the aggrieved\nparty is pursuing one of the foregoing remedies, the aggrieved party may suspend\nperformance or, if the aggrieved party is the lessor, proceed in accordance with\nthe provisions of this title on the lessor’s right to identify goods to\nthe lease contract notwithstanding default or to salvage unfinished goods\n(§ 8.2A-524).\n\nHISTORY: 1991, c. 536.","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}}