§ 41-02-102 — (2-723) Proof of market price - Time and place

North Dakota § 41-02-102

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02: Sales

Text

1. If an action based on anticipatory repudiation comes to trial before the time for
performance with respect to some or all of the goods, any damages based on market
price (section 41-02-87 or 41-02-92) shall be determined according to the price of such
goods prevailing at the time when the aggrieved party learned of the repudiation.
2. If evidence of a price prevailing at the times or places described in this chapter is not
readily available, the price prevailing within any reasonable time before or after the
time described or at any other place which in commercial judgment or under usage of
trade would serve as a reasonable substitute for the one described may be used,
making any proper allowance for the cost of transporting the goods to or from such
other place.
3. Evidence of a relevant price prevailing at a time or place other than the one described
in this chapter offered by one party is not admissible unless and until the offering party
has given the other party such notice as the court finds sufficient to prevent unfair
surprise.