Under the UCC, non-delivery is not a breach of contract in circumstances in which performance has been made impracticable because a contingency has occurred that was not contemplated when the parties reached an agreement.

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Under the Uniform Commercial Code (UCC), a party is not in breach of contract for non-delivery if performance has become impracticable due to the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made. This principle allows for adjustments in contracts when unforeseen events significantly alter the circumstances of performance.

Under the UCC, Non-Delivery Is Not a Breach of Contract