Mississippi Code
Miss. Code Ann. § 75-2-615 (2026)
Excuse by failure of presupposed conditions
✓ current as of July 2026
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:
- (a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c), or failure to take delivery as provided for under the contract on the part of a buyer who complies with paragraph (d), 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 causes 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.
- (d) The buyer must notify the seller seasonably that there will be a delay or total inability to take delivery, and where practicable, state the contingency which has occurred causing such delay or inability.
Codes, 1942, § 41A:2-615; Laws, 1966, ch. 316, § 2-615, eff. 3/31/1968.
Notes of Decisions
Cited in 3
cases, 1988–2002 · leading case: City of Starkville v. 4-Cnty. Elec. Power Assn., 819 So. 2d 1216 (Miss. 2002).
City of Starkville v. 4-Cnty. Elec. Power Assn., 819 So. 2d 1216 (Miss. 2002). “[2] Miss.Code Ann. § 75-2-615 (1972) recognizes "excuse by failure of presupposed conditions" as excusing a seller from timely delivery of goods under a contract where his performance has become commercially impracticable because of unforeseen supervening circumstances not…”
Day v. Tenneco, Inc., 696 F. Supp. 233 (S.D. Miss. 1988). “COMMERCIAL IMPRACTICABILITY Defendants argue that their nonperformance is excused because of commercial impracticability under Miss.Code Ann. § 75-2-615 which states: Failure to take delivery .”
City of Starkville v. 4-Cnty. Elec. Power Ass'n (Miss. 1999). “Miss. Code Ann. § 75-2-615 (1972) recognizes "excuse by failure of presupposed conditions" as excusing a seller from timely delivery of goods under a contract where his performance has become commercially impracticable because of unforeseen supervening circumstances not within…”
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