District Of Columbia § 28:2A-402 - Anticipatory repudiation.

Full text of District Of Columbia D.C. Code § 28:2A-402 — Anticipatory repudiation., with citation guidance and answers to common questions.

§ 28:2A-402. Anticipatory repudiation.

28:2A-402

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 pursuant to and await assurance of future performance adequate under the circumstances of the particular case; or

(3)

Resort to any right or remedy upon default under the lease contract or this article, 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 article on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods ().

Annotations

“Value”. Section 1-201(44).

“Rights.” Section 1-201(36).

“Remedy”. Section 1-201(34).

“Reasonable time”. Section 1-204(1) and (2).

“Party”. Section 1-201(29).

“Notifies”. Section 1-201(26).

“Lessor”. Section 2A-103(1)(p).

“Lease contract”. Section 2A-103(1)(l).

“Goods”. Section 2A-103(1)(h).

“Aggrieved party”. Section 1-201(2).

Revised to reflect leasing practices and terminology.

Section 2-610.

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 28:2A-402

What does D.C. Code § 28:2A-402 cover?

Section 28:2A-402 ("Anticipatory repudiation.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 28:2A-402?

A common citation format is "D.C. Code § 28:2A-402" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 28:2A-402 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.