§ 336.2A-401 — Insecurity; Adequate Assurance of Performance
Plain-Language Summary
Each party to a lease contract owes the other an obligation not to impair the other's expectation of receiving the performance they are due. If reasonable grounds for insecurity arise about the other party's performance, the worried party may demand in writing adequate assurance that performance will happen and may, if commercially reasonable, suspend its own performance until that assurance is received. If adequate assurance is not provided within a reasonable time (not more than 30 days after the demand is received), the failure is treated as a repudiation of the lease.
336.2A-401 INSECURITY; ADEQUATE ASSURANCE OF PERFORMANCE.
(1) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which the insecure party has not already received the agreed return.
(3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party.
(4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
History:
1989 c 232 art 1 s 2A-401
History: History: 1989 c 232 art 1 s 2A-401