Wisconsin Statutes
Wis. Stat. § 402.609 (2026)
Right to adequate assurance of performance
✓ current as of July 2026
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402.609(1)(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 the demanding party receives such assurance may if commercially reasonable suspend any performance for which the demanding party has not already received the agreed return.
402.609(2)(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
402.609(3)(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
402.609(4)(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.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2008–2021 · leading case: All. Laundry Sys., LLC v. Thyssenkrupp Materials, NA, 570 F. Supp. 2d 1061 (E.D. Wis. 2008).
All. Laundry Sys., LLC v. Thyssenkrupp Materials, NA, 570 F. Supp. 2d 1061 (E.D. Wis. 2008). “Defendant suggests that § 2-609 of the UCC, Wis. Stat. § 402.609 , applies to this question.”
Oregon Potato Co. v. Kerry Inc. (W.D. Wis. 2021). “Wis. Stat. § 402.609 (party to sales contract has a “right to adequate assurance of performance”).”
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