HRS §490:2-610

What to do when the other side backs out early

Read the official text at capitol.hawaii.gov ↗

If one party clearly says they won't perform a future duty that would seriously hurt the other party, the hurt party can wait a reasonable time or treat it as a breach and use legal remedies. They can also pause their own duties or take steps to protect goods.

businessesbuyers

The statute, as written — Anticipatory repudiation

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may: (a) For a commercially reasonable time await performance by the repudiating party; or (b) Resort to any remedy for breach (section 490:2-703 or section 490:2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and (c) In either case suspend his own performance or proceed in accordance with the provisions of this article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (section 490:2-704).

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:2-703 What a seller can do when a buyer breaks the deal

§490:2-704 Seller's options when buyer breaks the contract

§490:2-711 What a buyer can do when the seller fails to deliver

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.