Del. C. » Title 6 — SUBTITLE I · Commerce and Trade · Part 3
Delaware Code

6 Del. C. § 2-306 (2026)

Output, requirements and exclusive dealings

✓ laws through the 2025-26 session (checked Sept. 2026)
Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.

5A Del. C. 1953, §§  2-306;  55 Del. Laws, c. 349.; 
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2005–2021 · leading case: Aventis Env't Sci. USA LP v. Scotts Co., 383 F. Supp. 2d 488 (S.D.N.Y. 2005).
Sort: Relevance Newest Treatment
Aventis Env't Sci. USA LP v. Scotts Co., 383 F. Supp. 2d 488 (S.D.N.Y. 2005). “See 6 Del.C. § 2-306(2). AgrEvo EH alleges that by abandoning its efforts to promote and sell Finale, after entering into the RoundUp Agreement with Monsanto, this implied “best efforts” clause of the GA Supply Agreement was breached by Scotts.”
Taylor Corp. v. Georgia-Pac. Consum. Prods. LP, 575 F. Supp. 3d 1096 (D. Minn. 2021). · cites it 2× “1986) (citing 6 Del. Code § 2-306). Moreover, under the UCC, the buyer’s requirements are determined by the buyer “in good faith”: A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may…”
Taylor Corp. v. Georgia-Pac. Consum. Prods. LP, No. 0:19-cv-01918 (D. Minn. Jan. 29, 2020). “1980); 6 Del. C. § 2-306(1); Boydstun Metal Works, Inc.”
6 Del. C. § 2-306(1): 1 case
Taylor Corp. v. Georgia-Pac. Consum. Prods. LP, No. 0:19-cv-01918 (D. Minn. Jan. 29, 2020). “1980); 6 Del. C. § 2-306(1); Boydstun Metal Works, Inc.”
6 Del. C. § 2-306(2): 1 case
Aventis Env't Sci. USA LP v. Scotts Co., 383 F. Supp. 2d 488 (S.D.N.Y. 2005). “See 6 Del.C. § 2-306(2). AgrEvo EH alleges that by abandoning its efforts to promote and sell Finale, after entering into the RoundUp Agreement with Monsanto, this implied “best efforts” clause of the GA Supply Agreement was breached by Scotts.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.