Procedure on Notice Claiming Excuse

1. Law
2. Georgia Code
3. Commercial Code
4. Sales
5. Breach, Repudiation, and Excuse
6. Procedure on Notice Claiming Excuse

1. Where the buyer receives notification of a material or indefinite delay or an allocation justified under Code Section 11-2-615 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 article relating to breach of installment contracts (Code Section 11-2-612), then also as to the whole:

1. Terminate and thereby discharge any unexecuted portion of the contract; or
2. Modify the contract by agreeing to take his available quota in substitution.

If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries affected.

The provisions of this Code section may not be negated by agreement except insofar as the seller has assumed a greater obligation under Code Section 11-2-615.

(Code 1933, § 109A-2 - 616, enacted by Ga. L. 1962, p. 156, § 1.)

Law reviews.

- For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).

JUDICIAL DECISIONS

Cited in Fratelli Gardino v. Caribbean Lumber Co., 587 F.2d 204 (5th Cir. 1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 607-609.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:640.

C.J.S.

- 77A C.J.S., Sales, §§ 109 et seq., 125 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-616.

ALR.

- Destruction or loss of specific property which is the subject or basis of a contract, after the inception of the contract, as excuse for nonperformance, 74 A.L.R. 1289.

PART 7 REMEDIES

Law reviews.

- For article discussing and comparing remedies set out for breach of contract under Article 2 of the Uniform Commercial Code with corresponding remedies provided by the Uniform Land Transaction Act for real estate transactions, see 11 Ga. L. Rev. 275 (1977). For article critically analyzing the distinction in theories of recovery of damages caused by defective products between personal injuries cases and economic losses and suggesting a policy basis for deciding the latter, see 29 Mercer L. Rev. 493 (1978).

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