Wisconsin § 411.405 Excused performance.

Wisconsin Statutes

§ 411.405 — Excused performance.

Wisconsin § 411.405

Ch. 411Uniform commercial code — leases

Subch.subch. IV of ch. 411 SUBCHAPTER IV

PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED

This text of Wisconsin § 411.405 (Excused performance.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 411.405 (2026).

Text

411.405 Subject to s. 411.404 on substituted performance, the following apply: 411.405(1) (1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subs.

(2)and (3) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid. 411.405(2) (2) If the causes mentioned in sub.

(1)affect only part of the lessor’s or the supplier’s capacity to perform, he or she shall allocate production and deliveries among his or her customers

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411.405 Subject to s. 411.404 on substituted performance, the following apply:
411.405(1) (1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subs. (2) and (3) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
411.405(2) (2) If the causes mentioned in sub. (1) affect only part of the lessor’s or the supplier’s capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may allocate in any manner that is fair and reasonable.
411.405(3) (3) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under sub. (2) , of the estimated quota available for the lessee.