Illinois Compiled Statutes
810 ILCS 5/2-609 (2026)
Right to adequate assurance of performance
✓ current as of May 2026
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(810 ILCS 5/2-609)
(from Ch. 26, par. 2-609)
Sec. 2-609.
Right to adequate assurance of performance.
(1) 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.
(2) Between merchants the reasonableness of grounds for insecurity and
the adequacy of any assurance offered shall be determined according to
commercial standards.
(3) Acceptance of any improper delivery or payment does not prejudice
the aggrieved party's right to demand adequate assurance of future
performance.
(4) After receipt of a justified demand failure to provide within a
reasonable time not exceeding 30 days such assurance of due performance as
is adequate under the circumstances of the particular case is a repudiation
of the contract.
(Source: Laws 1961, p. 2101.)
Notes of Decisions
Cited in 4
cases, 2002–2007 · leading case: Shields Pork Plus, Inc. v. Swiss Valley Ag Serv., 767 N.E.2d 945 (Ill. App. Ct. 2002).
Shields Pork Plus, Inc. v. Swiss Valley Ag Serv., 767 N.E.2d 945 (Ill. App. Ct. 2002). “810 ILCS 5/2-609 (West 1998). That portion of the Commercial Code provides, in pertinent part that, "[w]hen 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…”
Smc Corp., Ltd. v. Lockjaw, LLC, 481 F. Supp. 2d 918 (N.D. Ill. 2007). “The application of 5/2-609 also triggers certain fact questions that must be determined by the Court, including whether Lockjaw had reasonable grounds for demanding adequate assurances in the first place, and whether the assurances given by SMC were adequate under the…”
Shields Pork Plus, Inc. v. Swiss Valley Ag Serv. (Ill. App. Ct. 2002). “That portion of the Commercial Code provides, in pertinent part that, "[w]hen 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…”
Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp. (Ill. App. Ct. 2003). “See 810 ILCS 5/2-609 (West 2000). Normally, a party must have "reasonable grounds for insecurity" when demanding an assurance of performance from the other party.”
— 810 ILCS 5/2-609(1) — 3 cases
Shields Pork Plus, Inc. v. Swiss Valley Ag Serv., 767 N.E.2d 945 (Ill. App. Ct. 2002). “810 ILCS 5/2-609 (West 1998). That portion of the Commercial Code provides, in pertinent part that, "[w]hen 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…”
Shields Pork Plus, Inc. v. Swiss Valley Ag Serv. (Ill. App. Ct. 2002). “That portion of the Commercial Code provides, in pertinent part that, "[w]hen 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…”
Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp. (Ill. App. Ct. 2003). “See 810 ILCS 5/2-609 (West 2000). Normally, a party must have "reasonable grounds for insecurity" when demanding an assurance of performance from the other party.”
— 810 ILCS 5/2-609(4) — 1 case
Smc Corp., Ltd. v. Lockjaw, LLC, 481 F. Supp. 2d 918 (N.D. Ill. 2007). “The application of 5/2-609 also triggers certain fact questions that must be determined by the Court, including whether Lockjaw had reasonable grounds for demanding adequate assurances in the first place, and whether the assurances given by SMC were adequate under the…”
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