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HomeCommercial CodeDiv. 2Ch. 6§ 2609 Performance Assurance In Contracts

§ 2609 Performance Assurance In Contracts

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2609 Performance Assurance In Contracts

Key Takeaways

  • •If you're not sure the other person will do their part in a deal, you can ask them to prove they will.
  • •You can pause your part of the deal until you get that proof, but only if it makes sense to do so.
  • •If the other person doesn't prove they'll do their part within 30 days, they're breaking the deal.

Example

You order 100 custom t-shirts from a company, but they miss the first deadline and don't answer your calls.

You can ask them in writing to promise they'll finish the shirts. If they don't promise within 30 days, they're breaking the deal, and you can cancel the order.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2609 Performance Assurance In Contracts

(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 receives such assurance may if commercially reasonable suspend any performance for which he 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 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract. (Enacted by Stats. 1963, Ch. 819.)

Last verified: January 23, 2026

Key Terms

contract for salereasonable grounds for insecurityadequate assurancerepudiation of the contract

Related Statutes

  • § 10401 Lease Performance Assurance Rights
  • § 10600 Lease Contract Effective Dates
  • § 2601 Buyer Remedies For Nonconforming Goods
  • § 2602 Buyer Rejection Of Goods
  • § 2603 Buyer Duty After Rejection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2609.
View Official Source