{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-616.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-616.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-616.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-616.html"}],"law_id":81517,"edition_id":1,"section_id":81517,"structure_id":13474,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","history":"1964, c. 219.","full_text":"1\n\nWhere the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section [\u00a7 8.2-615] 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 title relating to breach of installment contracts (\u00a7 8.2-612), then also as to the whole,a\n\nterminate and thereby discharge any unexecuted portion of the contract; orb\n\nmodify the contract by agreeing to take his available quota in substitution.2\n\nIf after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.3\n\nThe provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section [§ 8.2-615].","order_by":null,"text":{"0":{"id":292005,"text":"Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section [\u00a7 8.2-615] 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 title relating to breach of installment contracts (\u00a7 8.2-612), then also as to the whole,","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":292006,"text":"terminate and thereby discharge any unexecuted portion of the contract; or","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":292007,"text":"modify the contract by agreeing to take his available quota in substitution.","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"2"},"3":{"id":292008,"text":"If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1b","next_prefix":"3"},"4":{"id":292009,"text":"The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section [§ 8.2-615].","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-616\/","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":false,"refers_to":[{"id":54438,"section_number":"8.2-612","catch_line":"\"Installment contract\"; breach","order_by":null,"url":"\/8.2-612\/"},{"id":63012,"section_number":"8.2-615","catch_line":"Excuse by failure of presupposed conditions","order_by":null,"url":"\/8.2-615\/"}],"permalink":{"id":282261,"object_type":"law","relational_id":81517,"identifier":"8.2-616","token":"8.2\/6\/8.2-616","url":"\/8.2-616\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-616\/","token":"8.2\/6\/8.2-616","dublin_core":{"Title":"Procedure on notice claiming excuse","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-616","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Where the buyer receives notification of a material<\/span> or indefinite delay or an allocation justified under the preceding section [\u00a7 8.2-615<\/a>] 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<\/span> under the provisions of this title relating to breach of installment contracts<\/span> (\u00a7 8.2-612<\/a>), then also as to the whole, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

2.<\/span> If after receipt of such notification from the seller the buyer fails so to modify the contract<\/span> within a reasonable time not exceeding thirty days the contract<\/span> lapses with respect to any deliveries affected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section [§ 8.2-615<\/a>]. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE ON NOTICE CLAIMING EXCUSE (\u00a7 8.2-616)\n\n1. Where the buyer receives notification of a material or indefinite delay or an\nallocation justified under the preceding section [\u00a7 8.2-615] he may by written\nnotification to the seller as to any delivery concerned, and where the\nprospective deficiency substantially impairs the value of the whole contract\nunder the provisions of this title relating to breach of installment contracts\n(\u00a7 8.2-612), then also as to the whole,\n\n a. terminate and thereby discharge any unexecuted portion of the contract; or\n\n b. modify the contract by agreeing to take his available quota in\n substitution.\n\n2. If after receipt of such notification from the seller the buyer fails so to\nmodify the contract within a reasonable time not exceeding thirty days the\ncontract lapses with respect to any deliveries affected.\n\n3. The provisions of this section may not be negated by agreement except in so\nfar as the seller has assumed a greater obligation under the preceding section\n[§ 8.2-615].\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}}