Official Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 6. BREACH, REPUDIATION, AND EXCUSE
11-2-614. Substituted performance.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (1)
Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.#
- (2)
If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regulation is discriminatory, oppressive, or predatory.#
History
Code 1933, § 109A-2-614, enacted by Ga. L. 1962, p. 156, § 1.
Law reviews
For article, “Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods,” see 22 Ga. L. Rev. 503 (1988).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 221 to 222; merge action: carried; file SHA-256 ad397fccbf21.