{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-507.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-507.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-507.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-507.8.html"}],"law_id":373314,"edition_id":2,"section_id":373314,"structure_id":53126,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","history":"2000, cc. 101, 996.","full_text":"a\n\nA contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may:\n\n1\n\ndemand in a record adequate assurance of due performance; and\n\n2\n\nuntil that assurance is received, if commercially reasonable, suspend any performance, other than with respect to contractual use terms, for which the agreed return performance has not been received.\n\nb\n\nBetween merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered is determined according to commercial standards.\n\nc\n\nAcceptance of any improper delivery or payment does not impair an aggrieved party’s right to demand adequate assurance of future performance.\n\nd\n\nAfter receipt of a justified demand under subsection (a), failure, within a reasonable time not exceeding thirty days, to provide assurance of due performance which is adequate under the circumstances of the particular case is a repudiation of the contract under § 59.1-507.9.\n\n","order_by":null,"text":{"0":{"id":1393132,"text":"A contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":1393133,"text":"demand in a record adequate assurance of due performance; and","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":1393134,"text":"until that assurance is received, if commercially reasonable, suspend any performance, other than with respect to contractual use terms, for which the agreed return performance has not been received.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":1393135,"text":"Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered is determined according to commercial standards.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"c"},"4":{"id":1393136,"text":"Acceptance of any improper delivery or payment does not impair an aggrieved party’s right to demand adequate assurance of future performance.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"5":{"id":1393137,"text":"After receipt of a justified demand under subsection (a), failure, within a reasonable time not exceeding thirty days, to provide assurance of due performance which is adequate under the circumstances of the particular case is a repudiation of the contract under § 59.1-507.9.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"ancestry":[{"id":53126,"edition_id":2,"name":"Breach of Contract","identifier":"7","label":"article","depth":3,"order_by":7,"parent_id":53119,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 03:11:18","date_modified":"2026-08-02 12:36:35","permalink":{"id":1489265,"object_type":"structure","relational_id":53126,"identifier":"7","token":"59.1\/43\/7","url":"\/59.1\/43\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53119,"edition_id":2,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":80,"parent_id":53010,"metadata":{"child_laws":121,"child_structures":9},"date_created":"2026-08-02 03:11:05","date_modified":"2026-08-02 12:36:34","permalink":{"id":1488887,"object_type":"structure","relational_id":53119,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":373305,"structure_id":53126,"section_number":"59.1-507.1","catch_line":"Breach of contract; material breach","url":"\/59.1-507.1\/","token":"59.1\/43\/7\/59.1-507.1","metadata":false},{"id":373306,"structure_id":53126,"section_number":"59.1-507.10","catch_line":"Retraction of anticipatory repudiation","url":"\/59.1-507.10\/","token":"59.1\/43\/7\/59.1-507.10","metadata":false},{"id":373307,"structure_id":53126,"section_number":"59.1-507.11","catch_line":"Reserved","url":"\/59.1-507.11\/","token":"59.1\/43\/7\/59.1-507.11","metadata":false},{"id":373308,"structure_id":53126,"section_number":"59.1-507.2","catch_line":"Waiver of remedy for breach of contract","url":"\/59.1-507.2\/","token":"59.1\/43\/7\/59.1-507.2","metadata":false},{"id":373309,"structure_id":53126,"section_number":"59.1-507.3","catch_line":"Cure of breach of contract","url":"\/59.1-507.3\/","token":"59.1\/43\/7\/59.1-507.3","metadata":false},{"id":373310,"structure_id":53126,"section_number":"59.1-507.4","catch_line":"Copy; refusal of defective tender","url":"\/59.1-507.4\/","token":"59.1\/43\/7\/59.1-507.4","metadata":false},{"id":373311,"structure_id":53126,"section_number":"59.1-507.5","catch_line":"Copy; contract with previous vested grant of rights","url":"\/59.1-507.5\/","token":"59.1\/43\/7\/59.1-507.5","metadata":false},{"id":373312,"structure_id":53126,"section_number":"59.1-507.6","catch_line":"Copy; duties upon rightful refusal","url":"\/59.1-507.6\/","token":"59.1\/43\/7\/59.1-507.6","metadata":false},{"id":373313,"structure_id":53126,"section_number":"59.1-507.7","catch_line":"Copy; revocation of acceptance","url":"\/59.1-507.7\/","token":"59.1\/43\/7\/59.1-507.7","metadata":false},{"id":373314,"structure_id":53126,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","url":"\/59.1-507.8\/","token":"59.1\/43\/7\/59.1-507.8","metadata":false},{"id":373315,"structure_id":53126,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","url":"\/59.1-507.9\/","token":"59.1\/43\/7\/59.1-507.9","metadata":false}],"previous_section":{"id":373313,"structure_id":53126,"section_number":"59.1-507.7","catch_line":"Copy; revocation of acceptance","url":"\/59.1-507.7\/","token":"59.1\/43\/7\/59.1-507.7","metadata":false},"next_section":{"id":373315,"structure_id":53126,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","url":"\/59.1-507.9\/","token":"59.1\/43\/7\/59.1-507.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-507.8\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":373280,"section_number":"59.1-505.4","catch_line":"Effect of transfer of contractual interest","order_by":null,"url":"\/59.1-505.4\/"},{"id":373306,"section_number":"59.1-507.10","catch_line":"Retraction of anticipatory repudiation","order_by":null,"url":"\/59.1-507.10\/"}],"refers_to":[{"id":373315,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","order_by":null,"url":"\/59.1-507.9\/"}],"permalink":{"id":1489303,"object_type":"law","relational_id":373314,"identifier":"59.1-507.8","token":"59.1\/43\/7\/59.1-507.8","url":"\/59.1-507.8\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-507.8\/","token":"59.1\/43\/7\/59.1-507.8","dublin_core":{"Title":"Adequate assurance of performance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-507.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A contract<\/span> imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> demand in a record adequate assurance of due performance; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> until that assurance is received, if commercially reasonable, suspend any performance, other than with respect to contractual use terms, for which the agreed return performance has not been received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered is determined according to commercial standards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Acceptance of any improper delivery or payment does not impair an aggrieved party<\/span>’s right to demand adequate assurance of future performance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> After receipt of a justified demand under subsection (a), failure, within a reasonable time not exceeding thirty days, to provide assurance of due performance which is adequate under the circumstances of the particular case is a repudiation of the contract<\/span> under § 59.1-507.9<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADEQUATE ASSURANCE OF PERFORMANCE (\u00a7 59.1-507.8)\n\na. A contract imposes an obligation on each party not to impair the\nother’s expectation of receiving due performance. If reasonable grounds\nfor insecurity arise with respect to the performance of either party, the\naggrieved party may:\n\n 1. demand in a record adequate assurance of due performance; and\n\n 2. until that assurance is received, if commercially reasonable, suspend any\n performance, other than with respect to contractual use terms, for which the\n agreed return performance has not been received.\n\nb. Between merchants, the reasonableness of grounds for insecurity and the\nadequacy of any assurance offered is determined according to commercial\nstandards.\n\nc. Acceptance of any improper delivery or payment does not impair an aggrieved\nparty’s right to demand adequate assurance of future performance.\n\nd. After receipt of a justified demand under subsection (a), failure, within a\nreasonable time not exceeding thirty days, to provide assurance of due\nperformance which is adequate under the circumstances of the particular case is\na repudiation of the contract under § 59.1-507.9.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}