§ 6A-2-614. Substituted performance.
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regulation is discriminatory, oppressive, or predatory.
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.