North Dakota § 41-02-92 (2-713) Buyer's damages for nondelivery or repudiation

North Dakota Statutes

§ 41-02-92 — (2-713) Buyer's damages for nondelivery or repudiation

North Dakota·Title 41 Uniform Commercial Code·Ch. 41-02 Sales

1.Subject to the provisions of this chapter with respect to proof of market price (section 41-02-102), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this chapter (section 41-02-94), but less expenses saved in consequence of the seller's breach.

2.Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

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1. Subject to the provisions of this chapter with respect to proof of market price (section
41-02-102), the measure of damages for nondelivery or repudiation by the seller is the
difference between the market price at the time when the buyer learned of the breach
and the contract price together with any incidental and consequential damages
provided in this chapter (section 41-02-94), but less expenses saved in consequence
of the seller's breach.
2. Market price is to be determined as of the place for tender or, in cases of rejection
after arrival or revocation of acceptance, as of the place of arrival.

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