(2A-402) Anticipatory repudiation
N.D. Cent. Code § 41-02.1-43
in effect41-02.1-43. (2A-402) Anticipatory repudiation
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:
1. For a commercially reasonable time, await retraction of repudiation and performance
by the repudiating party.
2. Make demand under section 41-02.1-42 and await assurance of future performance
adequate under the circumstances of the particular case.
3. Resort to any right or remedy upon default under the lease contract or this chapter,
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, the aggrieved party may suspend performance or, if the aggrieved party is the
lessor, proceed in accordance with the provisions of this chapter on the lessor's right to identify
goods to the lease contract notwithstanding default or to salvage unfinished goods (section
41-02.1-71).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02-1.pdf#nameddest=41-02p1-43Fetched: 10/16/2026