                                 CODE OF VIRGINIA

EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS (§ 8.2-615)

Except so far as a seller may have assumed a greater obligation and subject to
the preceding section [ § 8.2-614 ] on substituted performance:

a. 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.

b. Where the causes mentioned in paragraph (a) affect only a part of the
seller&#8217;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. 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.

HISTORY: 1964, c. 219.