This Comment explores anticipatory repudiation under the U.C.C. in order to address the inherent disincentive to communicate among the parties to a contract when uncertainty of performance occurs. This Comment presents a brief history of anticipatory repudiation, the framework of the doctrine in the U.C.C., and previously recognized instances of anticipatory repudiation. This Comment argues that the current framework discourages open, honest communication among the parties to a contract in contradiction to the requirements of good faith and fair dealing necessary in any agreement.
This Comment reviews some of the previous recommendations for changes to this section of the U.C.C. and attempts to provide potential solutions to overcome the barriers to communication found here, by compelling certain communications in specific situations. The value in reviewing and addressing the problems found in anticipatory repudiation are further explored in this Comment from a marketing standpoint. This Comment argues that the effects of anticipatory repudiation may devalue relational assets when concepts from exchange orientation are taken into consideration, and relationship marketing suffers from these inherent barriers to communication.
Garth E. Flygare,
Anticipatory Repudiation: A Clear Barrier to Communication,
S. Ill. U. L.J.
Available at: http://opensiuc.lib.siu.edu/siulj/vol39/iss1/5