{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-507.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-507.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-507.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-507.3.html"}],"law_id":54926,"edition_id":1,"section_id":54926,"structure_id":12901,"section_number":"59.1-507.3","catch_line":"Cure of breach of contract","history":"2000, cc. 101, 996.","full_text":"a\n\nA party in breach of contract may cure the breach at its own expense if:1\n\nthe time for performance has not expired and the party in breach seasonably notifies the aggrieved party of its intent to cure and, within the time for performance, makes a conforming performance;2\n\nthe party in breach had reasonable grounds to believe the performance would be acceptable with or without monetary allowance, seasonably notifies the aggrieved party of its intent to cure, and provides a conforming performance within a further reasonable time after performance was due; or3\n\nin a case not governed by paragraph (1) or (2), the party in breach seasonably notifies the aggrieved party of its intent to cure and promptly provides a conforming performance before cancellation by the aggrieved party.b\n\nIn a license other than in a mass-market transaction, if the agreement required a single delivery of a copy and the party receiving tender of delivery was required to accept a nonconforming copy because the nonconformity was not a material breach of contract, the party in breach shall promptly and in good faith make an effort to cure if:1\n\nthe party in breach receives seasonable notice of the specific nonconformity and a demand for cure of it; and2\n\nthe cost of the effort to cure does not disproportionately exceed the direct damages caused by the nonconformity to the aggrieved party.c\n\nA party may not cancel a contract or refuse a performance because of a breach of contract that has been seasonably cured under subsection (a). However, notice of intent to cure does not preclude refusal or cancellation for the uncured breach.","order_by":null,"text":{"0":{"id":201494,"text":"A party in breach of contract may cure the breach at its own expense if:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":201495,"text":"the time for performance has not expired and the party in breach seasonably notifies the aggrieved party of its intent to cure and, within the time for performance, makes a conforming performance;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":201496,"text":"the party in breach had reasonable grounds to believe the performance would be acceptable with or without monetary allowance, seasonably notifies the aggrieved party of its intent to cure, and provides a conforming performance within a further reasonable time after performance was due; or","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":201497,"text":"in a case not governed by paragraph (1) or (2), the party in breach seasonably notifies the aggrieved party of its intent to cure and promptly provides a conforming performance before cancellation by the aggrieved party.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"4":{"id":201498,"text":"In a license other than in a mass-market transaction, if the agreement required a single delivery of a copy and the party receiving tender of delivery was required to accept a nonconforming copy because the nonconformity was not a material breach of contract, the party in breach shall promptly and in good faith make an effort to cure if:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"b1"},"5":{"id":201499,"text":"the party in breach receives seasonable notice of the specific nonconformity and a demand for cure of it; and","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"6":{"id":201500,"text":"the cost of the effort to cure does not disproportionately exceed the direct damages caused by the nonconformity to the aggrieved party.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"7":{"id":201501,"text":"A party may not cancel a contract or refuse a performance because of a breach of contract that has been seasonably cured under subsection (a). However, notice of intent to cure does not preclude refusal or cancellation for the uncured breach.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2"}},"ancestry":[{"id":12901,"edition_id":1,"name":"Breach of Contract","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":262263,"object_type":"structure","relational_id":12901,"identifier":"7","token":"59.1\/43\/7","url":"\/59.1\/43\/7\/","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":54018,"structure_id":12901,"section_number":"59.1-507.1","catch_line":"Breach of contract; material breach","url":"\/59.1-507.1\/","token":"59.1\/43\/7\/59.1-507.1","metadata":false},{"id":55132,"structure_id":12901,"section_number":"59.1-507.10","catch_line":"Retraction of anticipatory repudiation","url":"\/59.1-507.10\/","token":"59.1\/43\/7\/59.1-507.10","metadata":false},{"id":75704,"structure_id":12901,"section_number":"59.1-507.11","catch_line":"Reserved","url":"\/59.1-507.11\/","token":"59.1\/43\/7\/59.1-507.11","metadata":false},{"id":70163,"structure_id":12901,"section_number":"59.1-507.2","catch_line":"Waiver of remedy for breach of contract","url":"\/59.1-507.2\/","token":"59.1\/43\/7\/59.1-507.2","metadata":false},{"id":54926,"structure_id":12901,"section_number":"59.1-507.3","catch_line":"Cure of breach of contract","url":"\/59.1-507.3\/","token":"59.1\/43\/7\/59.1-507.3","metadata":false},{"id":54948,"structure_id":12901,"section_number":"59.1-507.4","catch_line":"Copy; refusal of defective tender","url":"\/59.1-507.4\/","token":"59.1\/43\/7\/59.1-507.4","metadata":false},{"id":82725,"structure_id":12901,"section_number":"59.1-507.5","catch_line":"Copy; contract with previous vested grant of rights","url":"\/59.1-507.5\/","token":"59.1\/43\/7\/59.1-507.5","metadata":false},{"id":86074,"structure_id":12901,"section_number":"59.1-507.6","catch_line":"Copy; duties upon rightful refusal","url":"\/59.1-507.6\/","token":"59.1\/43\/7\/59.1-507.6","metadata":false},{"id":58037,"structure_id":12901,"section_number":"59.1-507.7","catch_line":"Copy; revocation of acceptance","url":"\/59.1-507.7\/","token":"59.1\/43\/7\/59.1-507.7","metadata":false},{"id":78291,"structure_id":12901,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","url":"\/59.1-507.8\/","token":"59.1\/43\/7\/59.1-507.8","metadata":false},{"id":61883,"structure_id":12901,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","url":"\/59.1-507.9\/","token":"59.1\/43\/7\/59.1-507.9","metadata":false}],"previous_section":{"id":70163,"structure_id":12901,"section_number":"59.1-507.2","catch_line":"Waiver of remedy for breach of contract","url":"\/59.1-507.2\/","token":"59.1\/43\/7\/59.1-507.2","metadata":false},"next_section":{"id":54948,"structure_id":12901,"section_number":"59.1-507.4","catch_line":"Copy; refusal of defective tender","url":"\/59.1-507.4\/","token":"59.1\/43\/7\/59.1-507.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-507.3\/","history_text":"<p>This law was first created in 2000. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0101\">101<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0996\">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":262281,"object_type":"law","relational_id":54926,"identifier":"59.1-507.3","token":"59.1\/43\/7\/59.1-507.3","url":"\/59.1-507.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-507.3\/","token":"59.1\/43\/7\/59.1-507.3","dublin_core":{"Title":"Cure of breach of contract","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-507.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"a\"><p><span class=\"prefix-number\">a.<\/span> A <span class=\"dictionary\">party<\/span> in breach of <span class=\"dictionary\">contract<\/span> may cure the breach at its own expense if: <a id=\"paragraph-201494\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"a1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> the time for performance has not expired and the party in breach seasonably notifies the <span class=\"dictionary\">aggrieved party<\/span> of its <span class=\"dictionary\">intent<\/span> to cure and, within the time for performance, makes a conforming performance; <a id=\"paragraph-201495\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#a1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"a2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> the party in breach had reasonable grounds to believe the performance would be acceptable with or without monetary allowance, seasonably notifies the <span class=\"dictionary\">aggrieved party<\/span> of its <span class=\"dictionary\">intent<\/span> to cure, and provides a conforming performance within a further reasonable time after performance was due; or <a id=\"paragraph-201496\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#a2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"a3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> in a case not governed by paragraph (1) or (2), the party in breach seasonably notifies the <span class=\"dictionary\">aggrieved party<\/span> of its <span class=\"dictionary\">intent<\/span> to cure and promptly provides a conforming performance before cancellation by the <span class=\"dictionary\">aggrieved party<\/span>. <a id=\"paragraph-201497\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#a3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b\"><p><span class=\"prefix-number\">b.<\/span> In a license other than in a mass-market transaction, if the agreement required a single delivery of a copy and the party receiving tender of delivery was required to accept a nonconforming copy because the nonconformity was not a <span class=\"dictionary\">material<\/span> breach of <span class=\"dictionary\">contract<\/span>, the party in breach shall promptly and in good faith make an effort to cure if: <a id=\"paragraph-201498\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> the party in breach receives seasonable notice of the specific nonconformity and a demand for cure of it; and <a id=\"paragraph-201499\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#b1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> the cost of the effort to cure does not disproportionately exceed the direct <span class=\"dictionary\">damages<\/span> caused by the nonconformity to the <span class=\"dictionary\">aggrieved party<\/span>. <a id=\"paragraph-201500\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#b2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"c\"><p><span class=\"prefix-number\">c.<\/span> A party may not cancel a <span class=\"dictionary\">contract<\/span> or refuse a performance because of a breach of <span class=\"dictionary\">contract<\/span> that has been seasonably cured under subsection (a). However, notice of <span class=\"dictionary\">intent<\/span> to cure does not preclude refusal or cancellation for the uncured breach. <a id=\"paragraph-201501\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-507.3\/#c\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCURE OF BREACH OF CONTRACT (\u00a7 59.1-507.3)\n\na. A party in breach of contract may cure the breach at its own expense if:\n\n   1. the time for performance has not expired and the party in breach seasonably\n   notifies the aggrieved party of its intent to cure and, within the time for\n   performance, makes a conforming performance;\n\n   2. the party in breach had reasonable grounds to believe the performance would\n   be acceptable with or without monetary allowance, seasonably notifies the\n   aggrieved party of its intent to cure, and provides a conforming performance\n   within a further reasonable time after performance was due; or\n\n   3. in a case not governed by paragraph (1) or (2), the party in breach\n   seasonably notifies the aggrieved party of its intent to cure and promptly\n   provides a conforming performance before cancellation by the aggrieved party.\n\nb. In a license other than in a mass-market transaction, if the agreement\nrequired a single delivery of a copy and the party receiving tender of delivery\nwas required to accept a nonconforming copy because the nonconformity was not a\nmaterial breach of contract, the party in breach shall promptly and in good\nfaith make an effort to cure if:\n\n   1. the party in breach receives seasonable notice of the specific\n   nonconformity and a demand for cure of it; and\n\n   2. the cost of the effort to cure does not disproportionately exceed the\n   direct damages caused by the nonconformity to the aggrieved party.\n\nc. A party may not cancel a contract or refuse a performance because of a breach\nof contract that has been seasonably cured under subsection (a). However, notice\nof intent to cure does not preclude refusal or cancellation for the uncured\nbreach.\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}}