GA Code § 11-2-615 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-615. Excuse by Failure of Presupposed Conditions

 Except so far as a seller may have assumed a greater obligation and subject to Code Section 11-2-614 on substituted performance:    Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) of this Code section is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.   Where the clauses mentioned in paragraph (a) of this Code section affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.   The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b) of this Code section, of the estimated quota thus made available for the buyer.    (Code 1933, § 109A-2 - 615, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article discussing the anachronistic nature of the Georgia contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in the restatements of contracts and in former Title 20 of the Georgia Code of 1933, and the interpretative approach Georgia courts have taken in dealing with such Code, see 13 Ga. L. Rev. 449 (1979). For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988). For article, "The Future Use of Unconscionability and Impracticability as Contract Doctrines," see 40 Mercer L. Rev. 937 (1989).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Allocation   Seller's Assumption of Greater Liability    RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 591-606.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:630.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-615.   ALR.    - Destruction or loss of specific property which is the subject or basis of a contract, after the inception of the contract, as excuse for nonperformance, 12 A.L.R. 1273; 74 A.L.R. 1289.    Meaning of words "commercially impracticable" in contract of sale, 38 A.L.R. 215.    Express provisions in contract of sale, or for supply of a commodity, for relief from the obligation in certain event, 51 A.L.R. 990.    Pro rata distribution by seller to buyers, 74 A.L.R. 995.    Destruction or loss of specific property which is the subject or basis of a contract, after the inception of the contract, as excuse for nonperformance, 74 A.L.R. 1289.    Inability of a seller of a commodity manufactured or produced by a third person to obtain the same from the latter as a defense to an action by the buyer for breach of the contract, 80 A.L.R. 1177.    Insolvency of insurer as affecting liability of one under duty by statute or contract to carry or maintain insurance for another's protection, 106 A.L.R. 248.    Rights of parties to contract the performance of which is interfered with or prevented by war conditions or acts of government in prosecution of war, 137 A.L.R. 1199; 147 A.L.R. 1273; 148 A.L.R. 1382; 149 A.L.R. 1447; 150 A.L.R. 1413; 151 A.L.R. 1447; 152 A.L.R. 1447; 153 A.L.R. 1417; 154 A.L.R. 1445; 155 A.L.R. 1447; 156 A.L.R. 1446; 157 A.L.R. 1446; 158 A.L.R. 1446.   Impracticability of performance of sales contract under UCC § 2-615, 55 A.L.R.5th 1.