Tennessee Code Annotated

Tenn. Code Ann. § 47-2-615 (2026)

Excuse by failure of presupposed conditions

✓ current as of May 2026

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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) 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.

Acts 1963, ch. 81, § 1 (2-615).

Notes of Decisions

Cited in 3 cases, 1974–1974 · leading case: Cecil Corley Motor Co., Inc. v. Gen. Motors Corp., 380 F. Supp. 819 (M.D. Tenn. 1974).

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Cecil Corley Motor Co., Inc. v. Gen. Motors Corp., 380 F. Supp. 819 (M.D. Tenn. 1974). · cites it 4× “-2615(a) & (b) ; T.C.A. § 47-2-615 (a) & (b). 30 . Section 30 of the Agreement; Financial Statements, Exhibits 71 and FFFF.”

Ralston Purina Co. v. McNabb, 381 F. Supp. 181 (W.D. Tenn. 1974). · cites it 4× “Defendant McNabb defends on two grounds: (1) that the severe weather made performance of his contract impossible (T.C.A. § 47-2-615) and (2) in the alternative, any damages (T.”

Bunge Corp. v. Miller, 381 F. Supp. 176 (W.D. Tenn. 1974). · cites it 4× “§ 47-2-615, which covers the general doctrine of impossibility, to excuse his non-performance.”

— Tenn. Code Ann. § 47-2-615(a) — 1 case

Cecil Corley Motor Co., Inc. v. Gen. Motors Corp., 380 F. Supp. 819 (M.D. Tenn. 1974). “-2615(a) & (b) ; T.C.A. § 47-2-615 (a) & (b). 30 . Section 30 of the Agreement; Financial Statements, Exhibits 71 and FFFF.”

— Tenn. Code Ann. § 47-2-615(c) — 1 case

Bunge Corp. v. Miller, 381 F. Supp. 176 (W.D. Tenn. 1974). “§ 47-2-615, which covers the general doctrine of impossibility, to excuse his non-performance.”

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