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summer. Here, § 2-613 does not apply. The contract did not require that the farmer deliver any specific grain from any specific source. The farmer merely had to deliver grain; he was apparently free to acquire any suitable grain from any source ( e.g. , buying it from another farmer). Thus, the contract did not require any specific grain for its performance. [ See Clark v. Wallace County Co-op Equity Exchange , 986 P.2d 391 (Kan. App. Ct. 1999) (discussing Colley v. Bi-State, Inc. , 586 P.2d 908 (Wa. App. Ct. 1978)).] 5. Casualty to Identified Goods without Either Party’s Fault In § 2-613, fault includes not only willful or intentional wrongdoing, but also negligence. Thus, if the casualty to the goods is attributable to either party’s negligence, § 2-613 will not apply. [U.C.C. § 2-613, cmt. 1 (1951).] Substituted Performance by Way of Transport, Delivery, and Payment Section 2-614 articulates special rules that apply if the agreed transportation facilities become unavailable, the agreed manner of delivery becomes commercially impracticable, or the agreed method of payment fails due to government regulation. These rules are designed to preserve the bargain in such cases, on the assumption that the particulars of transportation and payment are incidental to the main objects of most contracts for the sale of goods—for the seller to transfer title to the goods in exchange for the buyer’s payment of the purchase price. [ See U.C.C. § 2-614, cmt. 1 (1951); 2 Hawkland UCC Series § 2-614:1, Westlaw (database updated June 2021).] 1. Substituted Performance and the Agreed Transportation Facilities or Manner of Delivery Special rules apply if, without either party’s fault, (1) the agreed berthing, loading, or unloading facilities fail; (2) an agreed kind of carrier becomes unavailable; or (3) the agreed manner of delivery somehow becomes commercially impracticable. Here, if a commercially reasonable substitute is available, that substitute must be tendered and accepted. Failure to do so is a breach of contract. [U.C.C. § 2-614(1) (1951); 2 Hawkland UCC Series § 2-614:1, Westlaw (database updated June 2021).] a. Commercial Impracticability of Manner of Delivery Whether the agreed manner of delivery has become commercially impracticable is analyzed under the same standards articulated in Impracticability of Performance, infra . [ See 2 Hawkland UCC Series § 2-614:1, Westlaw (database updated June 2021).] b. Commercial Reasonableness of Available Substitute The mere fact that an available substitute is substantially more expensive than the agreed manner of delivery does not, by itself, make the substitute commercially unreasonable,
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