{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-506.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-506.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-506.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-506.15.html"}],"law_id":74142,"edition_id":1,"section_id":74142,"structure_id":14068,"section_number":"59.1-506.15","catch_line":"Excuse by failure of presupposed conditions","history":"2000, cc. 101, 996.","full_text":"a\n\nUnless a party has assumed a different obligation, delay in performance by a party, or nonperformance in whole or part by a party, other than of an obligation to make payments or to conform to contractual use terms, is not a breach of contract if the delay or nonperformance is of a performance that has been made impracticable by:1\n\nthe occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made; or2\n\ncompliance in good faith with any foreign or domestic statute, governmental rule, regulation, or order, whether or not it later proves to be invalid.b\n\nA party claiming excuse under subsection (a) shall seasonably notify the other party that there will be delay or nonperformance.c\n\nIf an excuse affects only a part of a party’s capacity to perform an obligation for delivery of copies, the party claiming excuse shall allocate performance among its customers in any manner that is fair and reasonable and notify the other party of the estimated quota to be made available. In making the allocation, the party claiming excuse may include the requirements of regular customers not then under contract and its own requirements.d\n\nA party that receives notice pursuant to subsection (b) of a material or indefinite delay in delivery of copies or of an allocation under subsection (c), by notice in a record, may:1\n\nterminate and thereby discharge any executory portion of the contract; or2\n\nmodify the contract by agreeing to take the available allocation in substitution.e\n\nIf, after receipt of notice under subsection (b), a party does not modify the contract within a reasonable time not exceeding thirty days, the contract lapses with respect to any performance affected.","order_by":null,"text":{"0":{"id":266632,"text":"Unless a party has assumed a different obligation, delay in performance by a party, or nonperformance in whole or part by a party, other than of an obligation to make payments or to conform to contractual use terms, is not a breach of contract if the delay or nonperformance is of a performance that has been made impracticable by:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":266633,"text":"the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made; or","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":266634,"text":"compliance in good faith with any foreign or domestic statute, governmental rule, regulation, or order, whether or not it later proves to be invalid.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":266635,"text":"A party claiming excuse under subsection (a) shall seasonably notify the other party that there will be delay or nonperformance.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"c"},"4":{"id":266636,"text":"If an excuse affects only a part of a party’s capacity to perform an obligation for delivery of copies, the party claiming excuse shall allocate performance among its customers in any manner that is fair and reasonable and notify the other party of the estimated quota to be made available. In making the allocation, the party claiming excuse may include the requirements of regular customers not then under contract and its own requirements.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"5":{"id":266637,"text":"A party that receives notice pursuant to subsection (b) of a material or indefinite delay in delivery of copies or of an allocation under subsection (c), by notice in a record, may:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"d1"},"6":{"id":266638,"text":"terminate and thereby discharge any executory portion of the contract; or","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"7":{"id":266639,"text":"modify the contract by agreeing to take the available allocation in substitution.","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"e"},"8":{"id":266640,"text":"If, after receipt of notice under subsection (b), a party does not modify the contract within a reasonable time not exceeding thirty days, the contract lapses with respect to any performance affected.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d2"}},"ancestry":[{"id":14068,"edition_id":1,"name":"Performance","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:46","date_modified":"2026-06-26 03:46:46","permalink":{"id":262185,"object_type":"structure","relational_id":14068,"identifier":"6","token":"59.1\/43\/6","url":"\/59.1\/43\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86497,"structure_id":14068,"section_number":"59.1-506.1","catch_line":"Performance of contract in general","url":"\/59.1-506.1\/","token":"59.1\/43\/6\/59.1-506.1","metadata":false},{"id":75583,"structure_id":14068,"section_number":"59.1-506.10","catch_line":"Copy; effect of acceptance; burden of establishing; notice of claims","url":"\/59.1-506.10\/","token":"59.1\/43\/6\/59.1-506.10","metadata":false},{"id":60299,"structure_id":14068,"section_number":"59.1-506.11","catch_line":"Access contracts","url":"\/59.1-506.11\/","token":"59.1\/43\/6\/59.1-506.11","metadata":false},{"id":74114,"structure_id":14068,"section_number":"59.1-506.12","catch_line":"Correction and support contracts","url":"\/59.1-506.12\/","token":"59.1\/43\/6\/59.1-506.12","metadata":false},{"id":59517,"structure_id":14068,"section_number":"59.1-506.13","catch_line":"Contracts involving publishers, dealers, and end users","url":"\/59.1-506.13\/","token":"59.1\/43\/6\/59.1-506.13","metadata":false},{"id":61428,"structure_id":14068,"section_number":"59.1-506.14","catch_line":"Risk of loss of copy","url":"\/59.1-506.14\/","token":"59.1\/43\/6\/59.1-506.14","metadata":false},{"id":74142,"structure_id":14068,"section_number":"59.1-506.15","catch_line":"Excuse by failure of presupposed conditions","url":"\/59.1-506.15\/","token":"59.1\/43\/6\/59.1-506.15","metadata":false},{"id":57489,"structure_id":14068,"section_number":"59.1-506.16","catch_line":"Termination; survival of obligations","url":"\/59.1-506.16\/","token":"59.1\/43\/6\/59.1-506.16","metadata":false},{"id":65824,"structure_id":14068,"section_number":"59.1-506.17","catch_line":"Notice of termination","url":"\/59.1-506.17\/","token":"59.1\/43\/6\/59.1-506.17","metadata":false},{"id":71699,"structure_id":14068,"section_number":"59.1-506.18","catch_line":"Termination; enforcement","url":"\/59.1-506.18\/","token":"59.1\/43\/6\/59.1-506.18","metadata":false},{"id":74174,"structure_id":14068,"section_number":"59.1-506.19","catch_line":"Reserved","url":"\/59.1-506.19\/","token":"59.1\/43\/6\/59.1-506.19","metadata":false},{"id":55179,"structure_id":14068,"section_number":"59.1-506.2","catch_line":"Licensor's obligations to enable use","url":"\/59.1-506.2\/","token":"59.1\/43\/6\/59.1-506.2","metadata":false},{"id":68452,"structure_id":14068,"section_number":"59.1-506.3","catch_line":"Submissions of information to satisfaction of party","url":"\/59.1-506.3\/","token":"59.1\/43\/6\/59.1-506.3","metadata":false},{"id":77078,"structure_id":14068,"section_number":"59.1-506.4","catch_line":"Immediately completed performance","url":"\/59.1-506.4\/","token":"59.1\/43\/6\/59.1-506.4","metadata":false},{"id":60020,"structure_id":14068,"section_number":"59.1-506.5","catch_line":"Electronic regulation of performance","url":"\/59.1-506.5\/","token":"59.1\/43\/6\/59.1-506.5","metadata":false},{"id":71340,"structure_id":14068,"section_number":"59.1-506.6","catch_line":"Copy; delivery; tender of delivery","url":"\/59.1-506.6\/","token":"59.1\/43\/6\/59.1-506.6","metadata":false},{"id":85002,"structure_id":14068,"section_number":"59.1-506.7","catch_line":"Copy; performance related to delivery; payment","url":"\/59.1-506.7\/","token":"59.1\/43\/6\/59.1-506.7","metadata":false},{"id":82364,"structure_id":14068,"section_number":"59.1-506.8","catch_line":"Copy; right to inspect; payment before inspection","url":"\/59.1-506.8\/","token":"59.1\/43\/6\/59.1-506.8","metadata":false},{"id":58478,"structure_id":14068,"section_number":"59.1-506.9","catch_line":"Copy; when acceptance occurs","url":"\/59.1-506.9\/","token":"59.1\/43\/6\/59.1-506.9","metadata":false}],"previous_section":{"id":61428,"structure_id":14068,"section_number":"59.1-506.14","catch_line":"Risk of loss of copy","url":"\/59.1-506.14\/","token":"59.1\/43\/6\/59.1-506.14","metadata":false},"next_section":{"id":57489,"structure_id":14068,"section_number":"59.1-506.16","catch_line":"Termination; survival of obligations","url":"\/59.1-506.16\/","token":"59.1\/43\/6\/59.1-506.16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-506.15\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":262211,"object_type":"law","relational_id":74142,"identifier":"59.1-506.15","token":"59.1\/43\/6\/59.1-506.15","url":"\/59.1-506.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-506.15\/","token":"59.1\/43\/6\/59.1-506.15","dublin_core":{"Title":"Excuse by failure of presupposed conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-506.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Unless a party<\/span> has assumed a different obligation, delay in performance by a party<\/span>, or nonperformance in whole or part by a party<\/span>, other than of an obligation to make payments or to conform to contractual use terms, is not a breach of contract<\/span> if the delay or nonperformance is of a performance that has been made impracticable by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract<\/span> was made; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> compliance in good faith with any foreign or domestic statute<\/span>, governmental rule, regulation, or order<\/span>, whether or not it later proves to be invalid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A party<\/span> claiming excuse under subsection (a) shall seasonably notify the other party<\/span> that there will be delay or nonperformance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If an excuse affects only a part of a party<\/span>’s capacity to perform an obligation for delivery of copies, the party<\/span> claiming excuse shall allocate performance among its customers in any manner that is fair and reasonable and notify the other party<\/span> of the estimated quota to be made available. In making the allocation, the party<\/span> claiming excuse may include the requirements of regular customers not then under contract<\/span> and its own requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> A party<\/span> that receives notice pursuant to subsection (b) of a material<\/span> or indefinite delay in delivery of copies or of an allocation under subsection (c), by notice in a record, may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> terminate and thereby discharge any executory portion of the contract<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> modify the contract<\/span> by agreeing to take the available allocation in substitution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> If, after receipt of notice under subsection (b), a party<\/span> does not modify the contract<\/span> within a reasonable time not exceeding thirty days, the contract<\/span> lapses with respect to any performance affected. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS (\u00a7 59.1-506.15)\n\na. Unless a party has assumed a different obligation, delay in performance by a\nparty, or nonperformance in whole or part by a party, other than of an\nobligation to make payments or to conform to contractual use terms, is not a\nbreach of contract if the delay or nonperformance is of a performance that has\nbeen made impracticable by:\n\n 1. the occurrence of a contingency the nonoccurrence of which was a basic\n assumption on which the contract was made; or\n\n 2. compliance in good faith with any foreign or domestic statute, governmental\n rule, regulation, or order, whether or not it later proves to be invalid.\n\nb. A party claiming excuse under subsection (a) shall seasonably notify the\nother party that there will be delay or nonperformance.\n\nc. If an excuse affects only a part of a party’s capacity to perform an\nobligation for delivery of copies, the party claiming excuse shall allocate\nperformance among its customers in any manner that is fair and reasonable and\nnotify the other party of the estimated quota to be made available. In making\nthe allocation, the party claiming excuse may include the requirements of\nregular customers not then under contract and its own requirements.\n\nd. A party that receives notice pursuant to subsection (b) of a material or\nindefinite delay in delivery of copies or of an allocation under subsection (c),\nby notice in a record, may:\n\n 1. terminate and thereby discharge any executory portion of the contract; or\n\n 2. modify the contract by agreeing to take the available allocation in\n substitution.\n\ne. If, after receipt of notice under subsection (b), a party does not modify the\ncontract within a reasonable time not exceeding thirty days, the contract lapses\nwith respect to any performance affected.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}