Except so far as a seller may have assumed a greater obligation and subject to section 554.2614 on substituted performance:
1. Delay in delivery or nondelivery in whole or in part by a seller who complies with subsections 2 and 3, is not a breach of the seller’s duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.
2. Where the causes mentioned in subsection 1 affect only a part of the seller’s capacity to perform, the seller must allocate production and deliveries among the seller’s customers but may at the seller’s option include regular customers not then under contract as well as the seller’s own requirements for further manufacture. The seller may so allocate in any manner which is fair and reasonable.
3. The seller must notify the buyer seasonably that there will be delay or nondelivery and,\n\nTue Dec 09 22:02:40 2025 Iowa Code 2026, Chapter 554 (108, 4) §554.2615, UNIFORM COMMERCIAL CODE 48\n\nwhen allocation is required under subsection 2, of the estimated quota thus made available for the buyer. [C66, 71, 73, 75, 77, 79, 81, §554.2615] 2008 Acts, ch 1032, §71; 2009 Acts, ch 41, §259 Referred to in §554.2616 \n
Notes of Decisions
C & J Vantage Leasing Co. v. Outlook Farm Golf Club, LLC, 784 N.W.2d 753 (Iowa 2010).
· cites it 6× “Outlook argues in its appellate brief that the designation of the agreement as a sale with a security interest prevents summary judgment because Iowa Code section 554.2615(a) provides that performance will be excused “if performance as agreed has been made impracticable by the…”
Nora Springs Coop. Co. v. Brandau, 247 N.W.2d 744 (Iowa 1976).
· cites it 4× “2d 283, 293-294 ; Comment 4, section 554.2615. Plaintiff did not show any increased cost would be so prohibitive as to change the nature of its corn contracts with defendant.”
Power Eng'g & Mfg., Ltd. v. Krug Int'l, 501 N.W.2d 490 (Iowa 1993).
· cites it 8× “comment 1 to Iowa Code § 554.2615 states that the section “excuses a seller from timely delivery of goods contracted for, where [its] performance -has become commercially impracticable because of unforeseen supervening circumstances not within the contemplation of the parties at…”
Hansen-Mueller Co. v. Gau, 838 N.W.2d 138 (Iowa Ct. App. 2013).
· cites it 8× “at 748 ; see Iowa Code § 554.2615 , cmt. 4; see also Neal-Cooper Grain v.”
Rexing Quality Eggs v. Rembrandt Enter., Inc., 360 F. Supp. 3d 817 (S.D. Ind. 2018).
“2d 744 , 748 (Iowa 1976) (quoting Iowa Code § 554.2615 (1) ). But Nora Springs , the primary case upon which Rexing relies and from which it selectively quotes, definitively undermines Rexing's impracticability theory.”
— Iowa Code § 554.2615(a) — 4 cases
C & J Vantage Leasing Co. v. Outlook Farm Golf Club, LLC, 784 N.W.2d 753 (Iowa 2010).
“Outlook argues in its appellate brief that the designation of the agreement as a sale with a security interest prevents summary judgment because Iowa Code section 554.2615(a) provides that performance will be excused “if performance as agreed has been made impracticable by the…”
Nora Springs Coop. Co. v. Brandau, 247 N.W.2d 744 (Iowa 1976).
“2d 283, 293-294 ; Comment 4, section 554.2615. Plaintiff did not show any increased cost would be so prohibitive as to change the nature of its corn contracts with defendant.”
Power Eng'g & Mfg., Ltd. v. Krug Int'l, 501 N.W.2d 490 (Iowa 1993).
“comment 1 to Iowa Code § 554.2615 states that the section “excuses a seller from timely delivery of goods contracted for, where [its] performance -has become commercially impracticable because of unforeseen supervening circumstances not within the contemplation of the parties at…”
— Iowa Code § 554.2615(o) — 1 case
C & J Vantage Leasing Co. v. Outlook Farm Golf Club, LLC, 784 N.W.2d 753 (Iowa 2010).
“Outlook argues in its appellate brief that the designation of the agreement as a sale with a security interest prevents summary judgment because Iowa Code section 554.2615(a) provides that performance will be excused “if performance as agreed has been made impracticable by the…”
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