Puerto Rico Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement

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US-02453BG
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Description

Section 2-609 of the Uniform Commercial Code provides:

(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 thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

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FAQ

Title refers to ownership of the good. Whichever party legally owns the goods at a moment is the one with title. Risk of loss refers to which party bears the risk for damage or destruction of the good.

Performance, in law, act of doing that which is required by a contract. The effect of successful performance is to discharge the person bound to do the act from any future contractual liability.

Contract law is governed by the common law and the Uniform Commercial Code "UCC." Common law governs contractual transactions with real estate, services, insurance, intangible assets and employment. UCC governs contractual transactions with goods and tangible objects (such as a purchase of a car).

The term 'Performance of contract' means that both, the promisor, and the promisee have fulfilled their respective obligations, which the contract placed upon them.

The UCC covers many of the commercial dealings and transactions that your company has each business day. This includes virtually everything your company purchases and sells, every check that your company writes and receives, and every deposit and withdrawal that your company makes.

Under the Uniform Commercial Code (UCC), this is considered a sale or return, thus the consignee (at whose place the goods are displayed for sale to customers) is considered a buyer and has the risk of loss and title. Uniform Commercial Code, Section 2-326(3).

One of the most well known UCC provisions is the requirement of perfecting a security interest. In general, a secured transaction is designed to provide a lender with recourse in the event that the borrower is unable to repay the loan, primarily by taking possession of the asset and selling it.

Summary. The Uniform Commercial Code (UCC) is a comprehensive set of laws governing all commercial transactions in the United States. It is not a federal law, but a uniformly adopted state law. Uniformity of law is essential in this area for the interstate transaction of business.

Note that the UCC is applicable in sales, leases, negotiable instruments, bank deposits, funds transfers, letters of credit, bulk transfers and bulk sales, warehouse receipts, bills of lading and other documents of title, investment securities, and secured transactions of commercial transactions.

Merchant- The risk of loss passes to the buyer when the goods are received. When documents that can transfer title, or ownership, represent existing, identified goods, the buyer has property interest, but not title, and an insurable interest in such goods at the time and place of contacting for their sale.

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Puerto Rico Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement