North Dakota Statutes

§ 41-02-58 — (2-510) Effect of breach on risk of loss

North Dakota § 41-02-58
JurisdictionNorth Dakota
Title 41Uniform Commercial Code
Ch. 41-02Sales

This text of North Dakota § 41-02-58 ((2-510) Effect of breach on risk of loss) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.D. Cent. Code § 41-02-58 (2026).

Text

1.If a tender or delivery of goods so fails to conform to the contract as to give a right of rejection, the risk of their loss remains on the seller until cure or acceptance.
2.If the buyer rightfully revokes acceptance, the buyer may to the extent of any deficiency in the buyer's effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.
3.If the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to the buyer, the seller may to the extent of any deficiency in the seller's effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.

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Bluebook (online)
North Dakota § 41-02-58, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/41-02-58.