Sec. 42a-2-614. Substituted performance.
Sec. 42a-2-614. Substituted performance. (1) Where without fault of either party
the agreed berthing, loading or unloading facilities fail or an agreed type of carrier
becomes unavailable or the agreed manner of delivery otherwise becomes commercially
impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign
governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent.
If delivery has already been taken, payment by the means or in the manner provided by
the regulation discharges the buyer's obligation unless the regulation is discriminatory,
oppressive or predatory.
(1959, P.A. 133, S. 2-614.)