Okla. Stat. tit. 12A § 2-309

Current through Laws 2024, c. 453.

Section 2-309 - Absence of Specific Time Provisions; Notice of Termination

(1) The time for shipment or delivery or any other action under a contract if not provided in this article 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.

Okla. Stat. tit. 12A, § 2-309

Laws 1961, p. 80, § 2-309.

Oklahoma Code Comment

(1) Previous Oklahoma law is in accord. 15 O.S. § 173 contains a very similar provision. Kingfisher Mill & Elevator Co. v. Westbrook, 79 Okl. 188, 192 P. 209 (1920).

(2) Previous Oklahoma law is in accord. Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co., 49 Okl. 282, 151 P. 1028 (1915); Miller v. Miller, C.A., 134 F.2d 583 (1943) certiorari denied 64 S.Ct. 46, 320 U.S. 744 , $8 L.Ed. 441.

(3) As to the requirement of notice, previous Oklahoma law is in accord. Walker v. Mills, 182 Okl. 480, 78 P.2d 697 (1938); Welch v. Pauline Oil & Gas Co., 133 Okl. 122, 271 P. 651 (1928); Malarnee v. Pauline Oil & Gas Co., 133 Okl. 192, 271 P. 937 (1928). The last portion of the sentence concerning an agreement dispensing with notification is new in Oklahoma.