{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-612.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-612.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-612.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-612.html"}],"law_id":54438,"edition_id":1,"section_id":54438,"structure_id":13474,"section_number":"8.2-612","catch_line":"“Installment contract”; breach","history":"1964, c. 219.","full_text":"1\n\nAn “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.2\n\nThe buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.3\n\nWhenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.","order_by":null,"text":{"0":{"id":199780,"text":"An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":199781,"text":"The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":199782,"text":"Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":13474,"edition_id":1,"name":"Breach, Repudiation and Excuse","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":282199,"object_type":"structure","relational_id":13474,"identifier":"6","token":"8.2\/6","url":"\/8.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65792,"structure_id":13474,"section_number":"8.2-601","catch_line":"Buyer's rights on improper delivery","url":"\/8.2-601\/","token":"8.2\/6\/8.2-601","metadata":false},{"id":66830,"structure_id":13474,"section_number":"8.2-602","catch_line":"Manner and effect of rightful rejection","url":"\/8.2-602\/","token":"8.2\/6\/8.2-602","metadata":false},{"id":61294,"structure_id":13474,"section_number":"8.2-603","catch_line":"Merchant buyer's duties as to rightfully rejected goods","url":"\/8.2-603\/","token":"8.2\/6\/8.2-603","metadata":false},{"id":72944,"structure_id":13474,"section_number":"8.2-604","catch_line":"Buyer's options as to salvage of rightfully rejected goods","url":"\/8.2-604\/","token":"8.2\/6\/8.2-604","metadata":false},{"id":73162,"structure_id":13474,"section_number":"8.2-605","catch_line":"Waiver of buyer's objections by failure to particularize","url":"\/8.2-605\/","token":"8.2\/6\/8.2-605","metadata":false},{"id":62398,"structure_id":13474,"section_number":"8.2-606","catch_line":"What constitutes acceptance of goods","url":"\/8.2-606\/","token":"8.2\/6\/8.2-606","metadata":false},{"id":74581,"structure_id":13474,"section_number":"8.2-607","catch_line":"Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over","url":"\/8.2-607\/","token":"8.2\/6\/8.2-607","metadata":false},{"id":68731,"structure_id":13474,"section_number":"8.2-608","catch_line":"Revocation of acceptance in whole or in part","url":"\/8.2-608\/","token":"8.2\/6\/8.2-608","metadata":false},{"id":70729,"structure_id":13474,"section_number":"8.2-609","catch_line":"Right to adequate assurance of performance","url":"\/8.2-609\/","token":"8.2\/6\/8.2-609","metadata":false},{"id":72611,"structure_id":13474,"section_number":"8.2-610","catch_line":"Anticipatory repudiation","url":"\/8.2-610\/","token":"8.2\/6\/8.2-610","metadata":false},{"id":74264,"structure_id":13474,"section_number":"8.2-611","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2-611\/","token":"8.2\/6\/8.2-611","metadata":false},{"id":54438,"structure_id":13474,"section_number":"8.2-612","catch_line":"\"Installment contract\"; breach","url":"\/8.2-612\/","token":"8.2\/6\/8.2-612","metadata":false},{"id":77785,"structure_id":13474,"section_number":"8.2-613","catch_line":"Casualty to identified goods","url":"\/8.2-613\/","token":"8.2\/6\/8.2-613","metadata":false},{"id":58568,"structure_id":13474,"section_number":"8.2-614","catch_line":"Substituted performance","url":"\/8.2-614\/","token":"8.2\/6\/8.2-614","metadata":false},{"id":63012,"structure_id":13474,"section_number":"8.2-615","catch_line":"Excuse by failure of presupposed conditions","url":"\/8.2-615\/","token":"8.2\/6\/8.2-615","metadata":false},{"id":81517,"structure_id":13474,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","url":"\/8.2-616\/","token":"8.2\/6\/8.2-616","metadata":false}],"previous_section":{"id":74264,"structure_id":13474,"section_number":"8.2-611","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2-611\/","token":"8.2\/6\/8.2-611","metadata":false},"next_section":{"id":77785,"structure_id":13474,"section_number":"8.2-613","catch_line":"Casualty to identified goods","url":"\/8.2-613\/","token":"8.2\/6\/8.2-613","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-612\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 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. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":73102,"section_number":"8.2-103","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.2-103\/"},{"id":65792,"section_number":"8.2-601","catch_line":"Buyer's rights on improper delivery","order_by":null,"url":"\/8.2-601\/"},{"id":81517,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","order_by":null,"url":"\/8.2-616\/"},{"id":78574,"section_number":"8.2-703","catch_line":"Seller's remedies in general","order_by":null,"url":"\/8.2-703\/"},{"id":71698,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","order_by":null,"url":"\/8.2-711\/"}],"refers_to":false,"permalink":{"id":282245,"object_type":"law","relational_id":54438,"identifier":"8.2-612","token":"8.2\/6\/8.2-612","url":"\/8.2-612\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-612\/","token":"8.2\/6\/8.2-612","dublin_core":{"Title":"“Installment contract”; breach","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-612","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> An “installment contract<\/span>” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract<\/span> contains a clause “each delivery is a separate contract<\/span>” or its equivalent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whenever nonconformity or default<\/span> with respect to one or more installments substantially impairs the value of the whole contract<\/span> there is a breach of the whole. But the aggrieved party<\/span> reinstates the contract<\/span> if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n“INSTALLMENT CONTRACT”; BREACH (\u00a7 8.2-612)\n\n1. An “installment contract” is one which requires or authorizes the\ndelivery of goods in separate lots to be separately accepted, even though the\ncontract contains a clause “each delivery is a separate contract” or\nits equivalent.\n\n2. The buyer may reject any installment which is nonconforming if the\nnonconformity substantially impairs the value of that installment and cannot be\ncured or if the nonconformity is a defect in the required documents; but if the\nnonconformity does not fall within subsection (3) and the seller gives adequate\nassurance of its cure the buyer must accept that installment.\n\n3. Whenever nonconformity or default with respect to one or more installments\nsubstantially impairs the value of the whole contract there is a breach of the\nwhole. But the aggrieved party reinstates the contract if he accepts a\nnonconforming installment without seasonably notifying of cancellation or if he\nbrings an action with respect only to past installments or demands performance\nas to future installments.\n\nHISTORY: 1964, c. 219.","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}}