Under the doctrine of adequate assurance, when may a party request adequate assurance of performance?

• A. He may request in writing adequate assurance that the other party will perform.
• B. Only after a breach has occurred
• C. Only for real property contracts
• D. After the other party has performed

Answer: (A)

Under the doctrine of adequate assurance, a party may request adequate assurances of performance when there are reasonable grounds for insecurity about the other party’s ability or willingness to perform. The demand must be in writing, giving the other party a chance to confirm they will perform. If the assurances aren’t provided within a reasonable time, the requesting party may treat the lack of assurance as a breach and suspend performance or pursue remedies.

This aligns with the correct answer: a written request for adequate assurance of performance. The other options miss the core idea: you don’t need a breach to demand assurances, it isn’t limited to real property, and you wouldn’t wait until after performance.