Wisconsin Statutes 402.309 – Absence of specific time provisions; notice of termination
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Terms Used In Wisconsin Statutes 402.309
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall be a reasonable time.
(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.
(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.
402.309 Annotation In this case, although the parties’ agreements showed that the defendant did not promise to meet a strict deadline, that didn’t mean that the defendant’s delays could not qualify as a material breach. Under sub. (1), even when no time for performance is identified in a sales agreement, a party must complete performance in a reasonable time. Oregon Potato Co. v. Kerry Inc., 575 F. Supp. 3d 1064 (2021).