§ 56. Delivery in instalments when the buyer is in breach
When delivery takes place in instalments and you are in breach of contract (mislighold) for one of them — for example by not paying or not cooperating for one delivery — the seller (selger) can cancel that delivery. If the breach gives good reason to fear that it will happen again, the seller can also cancel future deliveries. This is the counterpart to § 44.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
(1) If the seller is to deliver in instalments and the buyer is to pay or cooperate in corresponding instalments, and there is a breach of contract on the buyer's part in a single delivery, the seller may cancel that delivery in accordance with the rules in §§ 54 and 55.
(2) If the breach of contract gives the seller good reason to expect that breaches of contract giving a right of cancellation will occur in later deliveries, he may on this basis cancel those deliveries, provided this is done within a reasonable time.
What does this mean?
A mirror image of § 44 — only here it is the buyer (kjøper) who is in breach. When the agreement involves several deliveries and you fail on one of them:
Cancel one delivery (first paragraph): The seller can cancel that specific delivery under the rules in §§ 54 (failure to pay) or 55 (failure to cooperate/take over the goods).
Cancel future deliveries (second paragraph): If the breach gives "good reason" to fear that it will happen again, the seller can also cancel future deliveries. He must act within a reasonable time.
Examples
Lars runs a small catering business and has an agreement for monthly delivery of meat from a supplier, with an invoice (faktura) due in 30 days. Three months in a row, Lars pays only after a reminder. In the fourth month, he is two months late. Under § 56 (1), the supplier can cancel that month's delivery. Under (2), he can also cancel future deliveries if the pattern suggests it will continue. He gives notice in writing.
Tom has an agreement for quarterly delivery of office supplies. Two quarters in a row he does not collect the goods in time, and the seller has a particular interest in getting rid of the goods (storage space). The seller can cancel both the individual delivery and future deliveries.
Common mistakes
- As a seller: thinking a single incident gives the right to cancel the whole agreement — not without "good reason" to expect breaches
- As a buyer: repeating breaches of contract without realising that it undermines the whole agreement
What should you do?
As a seller:
- React quickly to individual breaches
- If there is a pattern: give written notice that future deliveries are cancelled
- Claim compensation (erstatning) for specific losses
As a buyer:
- If you are having problems: talk openly with the seller — better than playing dumb
- Renegotiate or formally cancel the order (avbestilling)