§ 6A-2-609. Right to adequate assurance of performance.
(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 he or she receives such assurance may if commercially reasonable suspend any performance for which he or she has not already received the agreed return.
(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty (30) days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
History of Section.P.L. 1960, ch. 147, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Part 6 - Breach, Repudiation and Excuse
Section 6A-2-601. - Buyer’s rights on improper delivery.
Section 6A-2-602. - Manner and effect of rightful rejection.
Section 6A-2-603. - Merchant buyer’s duties as to rightfully rejected goods.
Section 6A-2-604. - Buyer’s options as to salvage of rightfully rejected goods.
Section 6A-2-605. - Waiver of buyer’s objections by failure to particularize.
Section 6A-2-606. - What constitutes acceptance of goods.
Section 6A-2-608. - Revocation of acceptance in whole or in part.
Section 6A-2-609. - Right to adequate assurance of performance.
Section 6A-2-610. - Anticipatory repudiation.
Section 6A-2-611. - Retraction of anticipatory repudiation.
Section 6A-2-612. - “Installment contract” — Breach.
Section 6A-2-613. - Casualty to identified goods.
Section 6A-2-614. - Substituted performance.
Section 6A-2-615. - Excuse by failure of presupposed conditions.