Commercial Impracticability under the UCC

Summary

This practice note discusses commercial impracticability under Section 2-615 of the Uniform Commercial Code (UCC) which governs the sale of goods. Specifically, it covers the circumstances under which a seller's delayed, partial, or total nonperformance under a sale of goods agreement is excused, situations where the contracting parties can override the applicability of U.C.C. § 2-615, actions a seller is required to take to benefit from U.C.C. § 2-615, and a buyer's correlative rights under U.C.C. § 2-616.