← Back to search

HRS §490:2-611

Taking back a promise to break a contract

This section lets a party who said they would not perform a contract take that back before their next duty is due, unless the other side already treated it as final. The retraction must clearly show intent to perform and may require promised assurances. It restores contract rights but allows the other side time and excuse for any delay.

everyone

The statute, as written — Retraction of anticipatory repudiation

(1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation canceled or materially changes his position or otherwise indicated that he considers the repudiation final. (2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance, justifiably demanded under the provisions of this article (section 490:2-609). (3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowances to the aggrieved party for any delay occasioned by the repudiation.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:2-609 When you can demand proof the other side will perform

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