United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 11, § 2-311: Options and cooperation respecting performance

A sales agreement can leave performance details to be set later, but any such specification must be made in good faith and within commercial reasonableness.

contract performancegoods assortmentshipment terms

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“A sales agreement can leave performance details to be set later, but any such specification must be made in good faith and within commercial reasonableness.”

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Source record from legislature.maine.gov · Source version 1 Oct 2025

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Part 3

part 3 GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

§ 2-311Options and cooperation respecting performanceProvision

A sales agreement can leave performance details to be set later, but any such specification must be made in good faith and within commercial reasonableness.

(1). An agreement for sale which is otherwise sufficiently definite (section 2‑204, subsection (3)) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness. (2). Unless otherwise agreed specifications relating to assortment of goods are at the buyer's option and except as otherwise provided in section 2‑319, subsection (1), paragraph (c) and subsection (3), specifications or arrangements relating to shipment are at the seller's option. (3). Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies (a). Is excused for any resulting delay in his own performance; and (b). May also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Section 2-311Verify source

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  • 1 Oct 2025 · currentEnglish

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