Delaware Code

6 Del. C. § 9-603 (2026)

Agreement on standards concerning rights and duties

✓ current as of May 2026

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(a) Agreed standards. — The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9-602 if the standards are not manifestly unreasonable.

(b) Agreed standards inapplicable to breach of peace. — Subsection (a) does not apply to the duty under Section 9-609 to refrain from breaching the peace.

72 Del. Laws, c. 401, § 1;

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Baldiga v. Moog, Inc. (In re Comprehensive Power, Inc.), 578 B.R. 14 (Bankr. D. Mass. 2017).

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Baldiga v. Moog, Inc. (In re Comprehensive Power, Inc.), 578 B.R. 14 (Bankr. D. Mass. 2017). “106, § 9-603; 6 Del. C. § 9-603. Similar to the lack of consensus on what is “commercially reasonable,” existing case law fails to establish a uniform test for what is “manifestly unreasonable” in the foreclosure standards context.”

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