{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-615.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-615.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-615.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-615.html"}],"law_id":63012,"edition_id":1,"section_id":63012,"structure_id":13474,"section_number":"8.2-615","catch_line":"Excuse by failure of presupposed conditions","history":"1964, c. 219.","full_text":"Except so far as a seller may have assumed a greater obligation and subject to the preceding section [ \u00a7 8.2-614 ] on substituted performance:\n\na\n\nDelay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.b\n\nWhere the causes mentioned in paragraph (a) affect only a part of the seller’s capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.c\n\nThe seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.","order_by":null,"text":{"0":{"id":229791,"text":"Except so far as a seller may have assumed a greater obligation and subject to the preceding section [ \u00a7 8.2-614 ] on substituted performance:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":229792,"text":"Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":229793,"text":"Where the causes mentioned in paragraph (a) affect only a part of the seller’s capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"3":{"id":229794,"text":"The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-615\/","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":81517,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","order_by":null,"url":"\/8.2-616\/"}],"refers_to":[{"id":58568,"section_number":"8.2-614","catch_line":"Substituted performance","order_by":null,"url":"\/8.2-614\/"}],"permalink":{"id":282257,"object_type":"law","relational_id":63012,"identifier":"8.2-615","token":"8.2\/6\/8.2-615","url":"\/8.2-615\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-615\/","token":"8.2\/6\/8.2-615","dublin_core":{"Title":"Excuse by failure of presupposed conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-615","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except so far as a seller may have assumed a greater obligation and subject to the preceding section [ \u00a7 8.2-614<\/a> ] on substituted performance:<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract<\/span> for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract<\/span> was made or by compliance in good faith with any applicable foreign or domestic governmental 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> Where the causes mentioned in paragraph (a) affect only a part of the seller’s capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract<\/span> as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS (\u00a7 8.2-615)\n\nExcept so far as a seller may have assumed a greater obligation and subject to\nthe preceding section [ \u00a7 8.2-614 ] on substituted performance:\n\na. Delay in delivery or nondelivery in whole or in part by a seller who complies\nwith paragraphs (b) and (c) is not a breach of his duty under a contract for\nsale if performance as agreed has been made impracticable by the occurrence of a\ncontingency the nonoccurrence of which was a basic assumption on which the\ncontract was made or by compliance in good faith with any applicable foreign or\ndomestic governmental regulation or order whether or not it later proves to be\ninvalid.\n\nb. Where the causes mentioned in paragraph (a) affect only a part of the\nseller’s capacity to perform, he must allocate production and deliveries\namong his customers but may at his option include regular customers not then\nunder contract as well as his own requirements for further manufacture. He may\nso allocate in any manner which is fair and reasonable.\n\nc. The seller must notify the buyer seasonably that there will be delay or\nnondelivery and, when allocation is required under paragraph (b), of the\nestimated quota thus made available for the buyer.\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}}