{"data":{"id":"us-ky/krs-355.2-615","jurisdiction":"us-ky","citation":"KRS 355.2-615","heading":"Excuse by failure of presupposed conditions.","body":"Except so far as a seller may have assumed a greater obligation and subject to KRS\n355.2-614 on substituted performance:\n(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with\nparagraphs (b) and (c) is not a breach of his d uty under a contract for sale if\nperformance as agreed has been made impracticable by the occurrence of a\ncontingency the nonoccurrence of which was a basic assumption on which the\ncontract was made or by compliance in good faith with any applicable foreig n or\ndomestic governmental regulation or order whether or not it later proves to be\ninvalid.\n(b) Where the clauses mentioned in paragraph (a) affect only a part of the seller's\ncapacity to perform, he must allocate production and deliveries among his\ncustomers but may at his option include regular customers not then under contract\nas well as his own requirements for further manufacture. He may so allocate in any\nmanner which is fair and reasonable.\n(c) The seller must notify the buyer seasonably that ther e will be delay or nondelivery\nand, when allocation is required under paragraph (b), of the estimated quota thus\nmade available for the buyer.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33321","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:42Z","sha256":"a19143b6796a4349286b6c757abfbdfb806b59d4fe57e3e9cf94fda873bc794e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-614","next":"us-ky/krs-355.2-616"},"notice":"GroundRules: Original legal text. Not legal advice."}