Alaska Notice of Demand for Assurance of Performance and an Indemnity Bond

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US-02376BG
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Description

If a party to a contract has certain duties to perform under that contract and then transfers these duties to another person who is to perform them, there is a delegation of duties. Section 2-609 of the Uniform Commercial Code 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.


Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

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FAQ

All agreements should be in writing, no matter how minor they seem, to ensure that each party understands what they are agreeing to, and to document that the agreement has indeed been made. Under State Law AS 45.02. 201 governing commercial transactions, the sale of goods valued at more than $500 must be in writing.

What Is the Statute of Limitations in Alaska? The statute of limitations in Alaska for civil claims can range anywhere from two to ten years depending on the type of case. For instance, personal injury claims have a statute of limitations of two years, while judgments have a ten-year statute of limitations.

Formation of a contract under Alaska law requires four elements: an offer that includes all essential terms, an unequivocal acceptance, consideration, and mutual intent to be bound. Thomas v. Archer, 384 P. 3d 791, 797 (Alaska 2016).

The statutes of limitations for civil cases and procedures in Alaska range from two to 10 years. Personal injury and defamation claims carry a two-year time limit, while fraud, collection of rents and debt, and judgments all have a ten-year limit.

(a) Except as provided in (e) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.

Contract actions to be brought in three years. Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10. 040, or as otherwise provided by law, or, except if the provisions of this section are waived by contract.

Do contracts need to be in writing? Yes. All agreements should be in writing, no matter how minor they seem, to ensure that each party understands what they are agreeing to, and to document that the agreement has indeed been made. Under State Law AS 45.02.

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Alaska Notice of Demand for Assurance of Performance and an Indemnity Bond