North Dakota Statutes
§ 41-02-94 — (2-715) Buyer's incidental and consequential damages
1.Incidental damages resulting from the seller's breach include expenses reasonably
incurred in inspection, receipt, transportation, and care and custody of goods rightfully
rejected, any commercially reasonable charges, expenses, or commissions in
connection with effecting cover, and any other reasonable expense incident to the
delay or other breach.
2.Consequential damages resulting from the seller's breach include:
a.Any loss resulting from general or particular requirements and needs of which the
seller at the time of contracting had reason to know and which could not
reasonably be prevented by cover or otherwise; and
b.Injury to person or property proximately resulting from any breach of warranty.
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Related
Clarys v. Ford Motor Co.
1999 ND 72 (North Dakota Supreme Court, 1999)
Superior, Inc. v. Behlen Mfg. Co.
2007 ND 141 (North Dakota Supreme Court, 2007)
Albers v. Deere & Co.
599 F. Supp. 2d 1142 (D. North Dakota, 2008)
Everkrisp Vegetables Inc. v. Tobiason Potato Co.
870 F. Supp. 2d 745 (D. North Dakota, 2012)
Steckler v. Massey-Ferguson, Inc.
334 N.W.2d 659 (North Dakota Supreme Court, 1983)
Nearby Sections
15
§ 41-01-01
(1-101) Short titles§ 41-01-02
(1-102) Scope of chapter§ 41-01-05
(1-105) Severability§ 41-01-07
(1-107) Section captions§ 41-01-09
(1-201) General definitions§ 41-01-10
(1-202) Notice - Knowledge§ 41-01-12
(1-204) Value§ 41-01-13
(1-205) Reasonable time - Seasonableness§ 41-01-14
(1-206) Presumptions