Ohio § 1310.41 Anticipatory repudiation - UCC 2A-402

Ohio Statutes

§ 1310.41 — Anticipatory repudiation - UCC 2A-402

Ohio § 1310.41

Title 13Commercial Transactions

Ch. 1310Leases

This text of Ohio § 1310.41 (Anticipatory repudiation - UCC 2A-402) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1310.41 (2026).

Text

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 party, the aggrieved party may do any of the following:

(A)For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;

(B)Make demand pursuant to section1310.40of the Revised Code and await assurance of future performance adequate under the circumstances of the particular case;

(C)Resort to any right or remedy upon default under the lease contract or sections1310.01to1310.78of the Revised Code, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's perfo

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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 party, the aggrieved party may do any of the following:

(A) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;

(B) Make demand pursuant to section1310.40of the Revised Code and await assurance of future performance adequate under the circumstances of the particular case;

(C) Resort to any right or remedy upon default under the lease contract or sections1310.01to1310.78of the Revised Code, 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 any of those remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of section1310.70of the Revised Code pertaining to the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods.