§ 47-2-613. Casualty to Identified Goods
Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (§ 47-2-324) then: if the loss is total the contract […]
§ 47-2-614. Substituted Performance
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. If the agreed means or manner of payment […]
§ 47-2-615. 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: 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 […]
§ 47-2-616. Procedure on Notice Claiming Excuse
Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this chapter relating to breach of […]
§ 47-2-607. Effect of Acceptance — Notice of Breach — Burden of Establishing Breach After Acceptance — Notice of Claim or Litigation to Person Answerable Over
The buyer must pay at the contract rate for any goods accepted. Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance […]
§ 47-2-608. Revocation of Acceptance in Whole or in Part
The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it: on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or without discovery of such nonconformity if his acceptance was reasonably induced either […]
§ 47-2-609. Right to Adequate Assurance of Performance
A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if […]
§ 47-2-610. Anticipatory Repudiation
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may: for a commercially reasonable time await performance by the repudiating party; or resort to any remedy for breach (§ 47-2-703 or § […]
§ 47-2-611. Retraction of Anticipatory Repudiation
Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final. Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to […]
§ 47-2-612. “Installment Contract” — Breach
An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent. The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment […]