Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-615 (2026)

Excuse by failure of presupposed conditions

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Except so far as a seller may have assumed a greater obligation and subject to KRS 355.2-614 on substituted performance:

(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his 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.

(b) Where the clauses mentioned in paragraph (a) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.

(c) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-615, effective July 1, 1960.

Notes of Decisions
Cited in 2 cases, 1984–1992 · leading case: Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 392 (Ky. 1992).
Sort: Relevance Newest Treatment
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 392 (Ky. 1992). · cites it 2× “The Court of Appeals' preoccupation with the UCC and particularly KRS 355.2-615 was unwarranted. It is difficult to imagine the parties to the agreement having intended for the provisions of Section 2-615 to be applicable to the buyer (KU) since the section expressly refers to…”
Wickliffe Farms, Inc. v. Owensboro Grain Co., 684 S.W.2d 17 (Ky. Ct. App. 1984). · cites it 3× “) (1978), adopted as KRS 355.2-615, address the issue before us; also, there is no disagreement that there is no Kentucky law interpreting KRS 355.”
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.