TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P37

Gale Encyclopedia of American Law Volume 8 P37 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 348 REPUDIATION REPUDIATION The rejection or refusal of a duty relation right or privilege. Repudiation of a contract means a refusal to perform the duty or obligation owed to the other party. anticipatory repudiation is an act or declaration before performance is due under a contract that indicates that the party will not perform his or her obligation on the future date specified in the contract. REPUGNANCY An inconsistency or opposition between two or more clauses of the same deed contract or statute between two or more material allegations of the same pleading or between any two writings. inconsistent defenses or claims are permitted under the Federal Rules of Civil procedure. CROSS REFERENCE Civil Procedure. REQUIREMENTS CONTRACT A written agreement whereby a buyer assents to purchase for a sufficient consideration the inducement to enter into an agreement all the merchandise of a designated type that he or she might require for use in his or her own established business. The UNIFORM COMMERCIAL CODE UCC a body of law adopted by the states that governs commercial transactions provides that the parties must act in good faith where quantity is to be measured by the requirements of the purchaser or in the case of output contracts the output of the seller. No quantity that is unreasonably disproportionate to any stated estimate or to any normal or otherwise comparable previous output or requirements can be tendered or demanded. Although the UCC does not explicitly make output and requirements agreements enforceable as contracts the implication of validity is clear. The theoretical difficulty with these agreements has been that they border on being illusory. An agreement by a buyer to purchase from the seller all the particular goods that he or she requires can be interpreted to leave the buyer with a choice as to whether he or she wishes to require any goods at all. Similarly an agreement by which a seller assents to sell all of his or her output to a buyer can be .

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