Under Section 2-615 of the UCC, what can excuse a seller from late or non-delivery?

Under Section 2-615 of the Uniform Commercial Code (UCC), a seller can be excused from late or non-delivery due to the occurrence of certain unforeseen events that impact their ability to fulfill contractual obligations. The correct choice involves circumstances that are beyond the seller's control, referred to as "force majeure" events. In this context, force majeure situations may include natural disasters, wars, strikes, or other significant disruptions that impede performance.

While commercially unreasonable performance implies that the seller's actions may not meet a standard of reasonableness, it does not directly relate to the concept of excusing non-performance due to unforeseen events. Instead, it is the broader category of force majeure that specifically captures the essence of excusing late or non-delivery under UCC.

The other options—lack of customer funds and supplier delays—do not typically excuse performance under the UCC. A seller’s inability to deliver due to lack of funds is not generally seen as an unavoidable circumstance, and supplier delays may not automatically fall under the force majeure category unless they are substantially linked to extraordinary events that could not have been anticipated or controlled by the seller. Therefore, understanding the distinction and application of force majeure is critical in interpreting Section 2-615 and its