USA

235 Effect of Performance as Discharge and of Non-Performance As Breach see also Termination

1. Full performance of a duty under a contract discharges the duty.

2. When performance of a duty under a contract is due any non-performance is a breach.

254 Effect of Subsequent Events on Duty to Pay Damages see also Termination

1. A party's duty to pay damages for total breach by repudiation is discharged if it appears after the breach that there would have been a total failure by the injured party to perform his return promise.

2. A party's duty to pay damages for total breach by repudiation is discharged if it appears after the breach that the duty that he repudiated would have been discharged by impracticability or frustration before any breach by non-performance.

255 Effect of a Repudiation as Excusing the Non-Occurrence Of a Condition see also Termination

Where a party's repudiation contributes materially to the non-occurrence of a condition of one of his duties, the non-occurrence is excused.

256 Nullification of Repudiation or Basis for Repudiation

The effect of a statement as constituting a repudiation under § 250 or the basis for a repudiation under § 251 is nullified by a retraction of the statement if notification of the retraction comes to the attention of the injured party before he materially changes his position in reliance on the repudiation or indicates to the other party that he considers the repudiation to be final.

2. The effect of events other than a statement as constituting a repudiation under § 250 or the basis for a repudiation under § 251 is nullified if, to the knowledge of the injured party, those events have ceased to exist before he materially changes his position in reliance on the repudiation or indicates to the other party that he considers the repudiation to be final.

257 Effect of Urging Performance in Spite of Repudiation

The injured party does not change the effect of a repudiation by urging the repudiator to perform in spite of his repudiation or to retract his repudiation.