There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Article 2 Sales
355.2.615 Excuse by failure of presupposed conditions.
Download pdf355.2-614 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 clauses 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. Effective: July 1, 1960
History: Created 1958 Ky. Acts ch. 77, sec. 2-615, effective July 1, 1960.
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