{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-507.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-507.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-507.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-507.9.html"}],"law_id":373315,"edition_id":2,"section_id":373315,"structure_id":53126,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","history":"2000, cc. 101, 996.","full_text":"a\n\nIf a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may:\n\n1\n\nawait performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if it has urged the repudiating party to retract the repudiation or has notified the repudiating party that it would await its performance; and\n\n2\n\nin either case, suspend its own performance or proceed in accordance with § 59.1-508.12 or § 59.1-508.13, as applicable.\n\nb\n\nRepudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.\n\n","order_by":null,"text":{"0":{"id":1393138,"text":"If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":1393139,"text":"await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if it has urged the repudiating party to retract the repudiation or has notified the repudiating party that it would await its performance; and","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":1393140,"text":"in either case, suspend its own performance or proceed in accordance with § 59.1-508.12 or § 59.1-508.13, as applicable.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":1393141,"text":"Repudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2"}},"ancestry":[{"id":53126,"edition_id":2,"name":"Breach of Contract","identifier":"7","label":"article","depth":3,"order_by":7,"parent_id":53119,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 03:11:18","date_modified":"2026-08-02 12:36:35","permalink":{"id":1489265,"object_type":"structure","relational_id":53126,"identifier":"7","token":"59.1\/43\/7","url":"\/59.1\/43\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53119,"edition_id":2,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":80,"parent_id":53010,"metadata":{"child_laws":121,"child_structures":9},"date_created":"2026-08-02 03:11:05","date_modified":"2026-08-02 12:36:34","permalink":{"id":1488887,"object_type":"structure","relational_id":53119,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":373305,"structure_id":53126,"section_number":"59.1-507.1","catch_line":"Breach of contract; material breach","url":"\/59.1-507.1\/","token":"59.1\/43\/7\/59.1-507.1","metadata":false},{"id":373306,"structure_id":53126,"section_number":"59.1-507.10","catch_line":"Retraction of anticipatory repudiation","url":"\/59.1-507.10\/","token":"59.1\/43\/7\/59.1-507.10","metadata":false},{"id":373307,"structure_id":53126,"section_number":"59.1-507.11","catch_line":"Reserved","url":"\/59.1-507.11\/","token":"59.1\/43\/7\/59.1-507.11","metadata":false},{"id":373308,"structure_id":53126,"section_number":"59.1-507.2","catch_line":"Waiver of remedy for breach of contract","url":"\/59.1-507.2\/","token":"59.1\/43\/7\/59.1-507.2","metadata":false},{"id":373309,"structure_id":53126,"section_number":"59.1-507.3","catch_line":"Cure of breach of contract","url":"\/59.1-507.3\/","token":"59.1\/43\/7\/59.1-507.3","metadata":false},{"id":373310,"structure_id":53126,"section_number":"59.1-507.4","catch_line":"Copy; refusal of defective tender","url":"\/59.1-507.4\/","token":"59.1\/43\/7\/59.1-507.4","metadata":false},{"id":373311,"structure_id":53126,"section_number":"59.1-507.5","catch_line":"Copy; contract with previous vested grant of rights","url":"\/59.1-507.5\/","token":"59.1\/43\/7\/59.1-507.5","metadata":false},{"id":373312,"structure_id":53126,"section_number":"59.1-507.6","catch_line":"Copy; duties upon rightful refusal","url":"\/59.1-507.6\/","token":"59.1\/43\/7\/59.1-507.6","metadata":false},{"id":373313,"structure_id":53126,"section_number":"59.1-507.7","catch_line":"Copy; revocation of acceptance","url":"\/59.1-507.7\/","token":"59.1\/43\/7\/59.1-507.7","metadata":false},{"id":373314,"structure_id":53126,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","url":"\/59.1-507.8\/","token":"59.1\/43\/7\/59.1-507.8","metadata":false},{"id":373315,"structure_id":53126,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","url":"\/59.1-507.9\/","token":"59.1\/43\/7\/59.1-507.9","metadata":false}],"previous_section":{"id":373314,"structure_id":53126,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","url":"\/59.1-507.8\/","token":"59.1\/43\/7\/59.1-507.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-507.9\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> 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.<\/p>","references":[{"id":373314,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","order_by":null,"url":"\/59.1-507.8\/"}],"refers_to":[{"id":373319,"section_number":"59.1-508.12","catch_line":"Completing performance","order_by":null,"url":"\/59.1-508.12\/"},{"id":373320,"section_number":"59.1-508.13","catch_line":"Continuing use","order_by":null,"url":"\/59.1-508.13\/"}],"permalink":{"id":1489307,"object_type":"law","relational_id":373315,"identifier":"59.1-507.9","token":"59.1\/43\/7\/59.1-507.9","url":"\/59.1-507.9\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-507.9\/","token":"59.1\/43\/7\/59.1-507.9","dublin_core":{"Title":"Anticipatory repudiation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-507.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> If a party to a contract<\/span> repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract<\/span> to the other party, the aggrieved party<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract<\/span>, even if it has urged the repudiating party to retract the repudiation or has notified the repudiating party that it would await its performance; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> in either case, suspend its own performance or proceed in accordance with § 59.1-508.12<\/a> or § 59.1-508.13<\/a>, as applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Repudiation includes language that one party will not or cannot make a performance still due under the contract<\/span> or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANTICIPATORY REPUDIATION (\u00a7 59.1-507.9)\n\na. If a party to a contract repudiates a performance not yet due and the loss of\nperformance will substantially impair the value of the contract to the other\nparty, the aggrieved party may:\n\n 1. await performance by the repudiating party for a commercially reasonable\n time or resort to any remedy for breach of contract, even if it has urged the\n repudiating party to retract the repudiation or has notified the repudiating\n party that it would await its performance; and\n\n 2. in either case, suspend its own performance or proceed in accordance with\n § 59.1-508.12 or § 59.1-508.13, as applicable.\n\nb. Repudiation includes language that one party will not or cannot make a\nperformance still due under the contract or voluntary, affirmative conduct that\nreasonably appears to the other party to make a future performance impossible.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}