Construction Inc. contracts to buy some heavy equipment from Dig Machines Inc. Before either party performs, Dig sells its assets to Excavation Corporation. On learning of the sale, Construction is concerned about its contract with Dig. Construction should a. buy the equipment from a different firm and bill Excavation for the price. b. demand an assurance of performance from the seller. c. buy the equipment from a different firm and bill the seller for the price. d. consider the contract repudiated and sue the seller for breach.

This is simply done if a party has reasonable grounds to believe that the other party will not hold their own part of the deal, he or she may ask in writing that the other party give adequate assurance of performance . It is stated that If the second party does not provide reasonable assurance as demanded within 30 days, this failure will lead to repudiation of the contract and can be regarded as an anticipatory breach.

The process for requesting adequate assurance is divided into three reasonable grounds;

1. Reasonable grounds for insecurity

2. Demand for adequate assurances of performance

3. Failure to provide adequate assurance is a Repudiation

Excavation can have some dig assets. That doees not mean they purchase all their asset and even if they do, they did not even purchase the whole company. As the company can produce more, construction conc. should or can place a request across to dig to give assurance of performance.