Whitaker has reasonable grounds for believing Crosslin will not perform his obligations under their contract. Discuss what Whitaker might do if their contract is governed by: (a) the UCC and (b) the CISG
(a) A contract of sale or lease of goods requires that each party not impair the other party's expectation of having the contract performed. If Whitaker has reasonable grounds for insecurity about Crosslin's performance, Whitaker may demand written assurance and suspend his own performance until he receives that assurance. Crosslin's failure to provide adequate assurance of performance within a reasonable time, not to exceed 30 days, constitutes a repudiation of the contract. (b) Under the CISG, Whitaker may suspend performance of his obligations if it becomes apparent Crosslin will not perform a substantial part of his obligations. Whitaker must immediately notify Crosslin of the suspension and must continue performing if Crosslin provides adequate assurance of his performance.
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