Public-domain · open source
OpenJurist

Ohio Rev. Code Ann. § 1302.67

Right to adequate assurance of performance - UCC 2-609

Applied in 1 court decision — leading case 434 F. App'x 446 - D & S Machine Products, Inc. v. Thyssenkrupp Bilstein of America, Inc. (2011)

Most recently applied in 434 F. App'x 446 - D & S Machine Products, Inc. v. Thyssenkrupp Bilstein of America, Inc. (July 2011)

Effective: July 1, 1962; Latest Legislation: Senate Bill 5 - 104th General Assembly

(A) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

(B) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(C) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

(D) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.