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See Anticipatory repudiation and also UCC 2-609. The doctrine of demand for adequate assurance of performance springs from the doctrine of anticipatory repudiation (see, Garvin, Adequate Assurance of Performance: Of Risk, Duress, and Cognition, 69 U Colo L Rev 71, 77 [1998]). Under that familiar precept, when a party repudiates contractual duties 'prior to the time designated for performance and before' all of the consideration has been fulfilled, the 'repudiation entitles the nonrepudiating party to claim damages for total breach' (Long Is. R. R. Co. v Northville Indus. Corp., 41 NY2d 455, 463; see, II Farnsworth, Contracts § 8.20; Restatement [Second] of Contracts § 253; UCC 2-610). 


A repudiation can be either 'a statement by the obligor to the obligee indicating that the obligor will commit a breach that would of itself give the obligee a claim for damages for total breach' or 'a voluntary affirmative act which renders the obligor unable or apparently unable to perform without such a breach' (Restatement [Second] of Contracts § 250; see, II Farnsworth, Contracts § 8.21; UCC 2-610, Comment 1). That switch in performance expectation and burden is readily available, applied and justified when a breaching party's words or ...

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