Output, Requirements, and Exclusive Dealings

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. General Obligation and Construction of Contract
  6. Output, Requirements, and Exclusive Dealings

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  1. A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.
  2. A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.

(Code 1933, § 109A-2 - 306, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 288, 289.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:143.

C.J.S.

- 77A C.J.S., Sales, §§ 178, 179.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-306.

ALR.

- Divisibility of contract to furnish material for a specific construction, 2 A.L.R. 687.

Rights and remedies upon cancelation of sales agency, 32 A.L.R. 209; 52 A.L.R. 546; 89 A.L.R. 252.

Duty of principal to fill orders under sales-agency contract, 52 A.L.R. 557.

Restrictive agreements or covenants in respect of purchase or handling of petroleum products by operator of filling station, 26 A.L.R.2d 219.

Construction and effect of contract for sale of commodity to fill buyer's requirements, 26 A.L.R.2d 1099.

Mutuality and enforceability of contract to furnish another with his needs, wants, desires, requirements and the like, of certain commodities, 26 A.L.R.2d 1139.

Requirements contracts under § 2-306(1) of Uniform Commercial Code, 96 A.L.R.3d 1275.

Output contracts under § 2-306(1) of Uniform Commercial Code, 30 A.L.R.4th 396.

Establishment and construction of requirements contracts under § 2-306(1) of Uniform Commercial Code, 94 A.L.R.5th 247.


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