California Commercial Code

§ 2616

COM § 2616Div. 2 · Ch. 6

Statute text

(1)Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section 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 division relating to breach of installment contracts (Section 2612), then also as to the whole,

(a)Terminate and thereby discharge any unexecuted portion of the contract; or

(b)Modify the contract by agreeing to take his available quota in substitution.

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Legislative history

Enacted by Stats. 1963, Ch. 819.