{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-405.html"}],"law_id":80718,"edition_id":1,"section_id":80718,"structure_id":14708,"section_number":"8.2A-405","catch_line":"Excused performance","history":"1991, c. 536.","full_text":"Subject to \u00a7 8.2A-404 on substituted performance, the following rules apply:\n\na\n\nDelay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subdivision (b) and (c) of this section is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.b\n\nIf the causes mentioned in subdivision (a) of this section affect only part of the lessor’s or the supplier’s capacity to perform, the lessor or supplier shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract for sale or lease as well as his own requirements for further manufacture. The lessor or supplier may so allocate in any manner that is fair and reasonable.c\n\nThe lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under subdivision (b) of this section, of the estimated quota thus made available for the lessee.","order_by":null,"text":{"0":{"id":289353,"text":"Subject to \u00a7 8.2A-404 on substituted performance, the following rules apply:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":289354,"text":"Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subdivision (b) and (c) of this section is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order 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":289355,"text":"If the causes mentioned in subdivision (a) of this section affect only part of the lessor’s or the supplier’s capacity to perform, the lessor or supplier shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract for sale or lease as well as his own requirements for further manufacture. The lessor or supplier may so allocate in any manner that 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":289356,"text":"The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under subdivision (b) of this section, of the estimated quota thus made available for the lessee.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"ancestry":[{"id":14708,"edition_id":1,"name":"Performance of Lease Contract; Repudiated, Substituted and Excused","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:49:26","date_modified":"2026-06-26 03:49:26","permalink":{"id":282539,"object_type":"structure","relational_id":14708,"identifier":"4","token":"8.2A\/4","url":"\/8.2A\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78858,"structure_id":14708,"section_number":"8.2A-401","catch_line":"Insecurity: adequate assurance of performance","url":"\/8.2A-401\/","token":"8.2A\/4\/8.2A-401","metadata":false},{"id":76228,"structure_id":14708,"section_number":"8.2A-402","catch_line":"Anticipatory repudiation","url":"\/8.2A-402\/","token":"8.2A\/4\/8.2A-402","metadata":false},{"id":66265,"structure_id":14708,"section_number":"8.2A-403","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2A-403\/","token":"8.2A\/4\/8.2A-403","metadata":false},{"id":76466,"structure_id":14708,"section_number":"8.2A-404","catch_line":"Substituted performance","url":"\/8.2A-404\/","token":"8.2A\/4\/8.2A-404","metadata":false},{"id":80718,"structure_id":14708,"section_number":"8.2A-405","catch_line":"Excused performance","url":"\/8.2A-405\/","token":"8.2A\/4\/8.2A-405","metadata":false},{"id":65599,"structure_id":14708,"section_number":"8.2A-406","catch_line":"Procedure on excused performance","url":"\/8.2A-406\/","token":"8.2A\/4\/8.2A-406","metadata":false},{"id":56364,"structure_id":14708,"section_number":"8.2A-407","catch_line":"Irrevocable promises: finance leases","url":"\/8.2A-407\/","token":"8.2A\/4\/8.2A-407","metadata":false}],"previous_section":{"id":76466,"structure_id":14708,"section_number":"8.2A-404","catch_line":"Substituted performance","url":"\/8.2A-404\/","token":"8.2A\/4\/8.2A-404","metadata":false},"next_section":{"id":65599,"structure_id":14708,"section_number":"8.2A-406","catch_line":"Procedure on excused performance","url":"\/8.2A-406\/","token":"8.2A\/4\/8.2A-406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-405\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 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 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":65599,"section_number":"8.2A-406","catch_line":"Procedure on excused performance","order_by":null,"url":"\/8.2A-406\/"}],"refers_to":[{"id":76466,"section_number":"8.2A-404","catch_line":"Substituted performance","order_by":null,"url":"\/8.2A-404\/"}],"permalink":{"id":282557,"object_type":"law","relational_id":80718,"identifier":"8.2A-405","token":"8.2A\/4\/8.2A-405","url":"\/8.2A-405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-405\/","token":"8.2A\/4\/8.2A-405","dublin_core":{"Title":"Excused performance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Subject to \u00a7 8.2A-404<\/a> on substituted performance, the following rules apply:<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subdivision (b) and (c) of this section is not a default<\/span> under the lease contract<\/span> if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the lease contract<\/span> was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order<\/span>, whether or not the regulation or order<\/span> later proves to be invalid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If the causes mentioned in subdivision (a) of this section affect only part of the lessor’s or the supplier’s capacity to perform, the lessor or supplier shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract<\/span> for sale or lease as well as his own requirements for further manufacture. The lessor or supplier may so allocate in any manner that is fair and reasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under subdivision (b) of this section, of the estimated quota thus made available for the lessee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCUSED PERFORMANCE (\u00a7 8.2A-405)\n\nSubject to \u00a7 8.2A-404 on substituted performance, the following rules apply:\n\na. Delay in delivery or nondelivery in whole or in part by a lessor or a\nsupplier who complies with subdivision (b) and (c) of this section is not a\ndefault under the lease contract if performance as agreed has been made\nimpracticable by the occurrence of a contingency the non-occurrence of which was\na basic assumption on which the lease contract was made or by compliance in good\nfaith with any applicable foreign or domestic governmental regulation or order,\nwhether or not the regulation or order later proves to be invalid.\n\nb. If the causes mentioned in subdivision (a) of this section affect only part\nof the lessor’s or the supplier’s capacity to perform, the lessor or\nsupplier shall allocate production and deliveries among his customers but at his\noption may include regular customers not then under contract for sale or lease\nas well as his own requirements for further manufacture. The lessor or supplier\nmay so allocate in any manner that is fair and reasonable.\n\nc. The lessor seasonably shall notify the lessee and in the case of a finance\nlease the supplier seasonably shall notify the lessor and the lessee, if known,\nthat there will be delay or nondelivery and, if allocation is required under\nsubdivision (b) of this section, of the estimated quota thus made available for\nthe lessee.\n\nHISTORY: 1991, c. 536.","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}}