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Cal. Com. Code § 2612

Breach, Repudiation and Excuse

Known as the Uniform Commercial Code

The act spans §§ 1101–12107 (623 sections).

Applied in 1 court decision — leading case 49 Cal. App. 3d 186 - Gantry Construction Co. v. American Pipe & Construction Co. (1975)

Most recently applied in 49 Cal. App. 3d 186 - Gantry Construction Co. v. American Pipe & Construction Co. (June 1975)

Enacted by Stats. 1963, Ch. 819.

(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.

(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subdivision (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.