Sec. 42a-2-615. Excuse by failure of presupposed conditions.
Sec. 42a-2-615. Excuse by failure of presupposed conditions. Except so far as
a seller may have assumed a greater obligation and subject to the preceding section on
substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by a seller who complies
with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the contract was made or
by compliance in good faith with any applicable foreign or domestic governmental
regulation or order whether or not it later proves to be invalid.
(b) Where the causes mentioned in paragraph (a) affect only a part of the seller's
capacity to perform, he must allocate production and deliveries among his customers
but may at his option include regular customers not then under contract as well as his
own requirements for further manufacture. He may so allocate in any manner which is
fair and reasonable.
(c) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus
made available for the buyer.
(1959, P.A. 133, S. 2-615.)
Cited. 15 CA 101.
Subdiv. (a):
Cited. 210 C. 705.