District Of Columbia § 28:2-616 - Procedure on notice claiming excuse.
Full text of District Of Columbia D.C. Code § 28:2-616 — Procedure on notice claiming excuse., with citation guidance and answers to common questions.
§ 28:2-616. Procedure on notice claiming excuse.
28:2-616Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this article relating to breach of installment contracts (section 28:2-612), then also as to the whole,
terminate and thereby discharge any unexecuted portion of the contract; or
modify the contract by agreeing to take his available quota in substitution.
If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.
The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section.
Annotations
“Written”. Section 1-201.
“Termination”. Section 2-106.
“Seller”. Section 2-103.
“Reasonable time”. Section 1-204.
“Notification”. Section 1-201.
“Installment contract”. Section 2-612.
“Contract”. Section 1-201.
“Buyer”. Section 2-103.
Point 1: Sections 2-209 and 2-615.
This section seeks to establish simple and workable machinery for providing certainty as to when a supervening and excusing contingency “excuses” the delay, “discharges” the contract, or may result in a waiver of the delay by the buyer. When the seller notifies, in accordance with the preceding section, claiming excuse, the buyer may acquiesce, in which case the contract is so modified. No consideration is necessary in a case of this kind to support such a modification. If the buyer does not elect so to modify the contract, he may terminate it and under subsection (2) his silence after receiving the seller’s claim of excuse operates as such a termination. Subsection (3) denies effect to any contract clause made in advance of trouble which would require the buyer to stand ready to take delivery whenever the seller is excused from delivery by unforeseen circumstances.
None.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2-616
What does D.C. Code § 28:2-616 cover?
Section 28:2-616 ("Procedure on notice claiming excuse.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2-616?
A common citation format is "D.C. Code § 28:2-616" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2-616 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.