§ 41-02.1-29 — (2A-220) Effect of default on risk of loss

North Dakota § 41-02.1-29

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02.1: Leases

Text

1. If risk of loss is to pass to the lessee and the time of passage is not stated:
a. If a tender or delivery of goods so fails to conform to the lease contract as to give
a right of rejection, the risk of loss remains with the lessor, or, in the case of a
finance lease, the supplier, until cure or acceptance.
b. If the lessee rightfully revokes acceptance, the lessee, to the extent of any
deficiency in the lessee's effective insurance coverage, may treat the risk of loss
as having remained with the lessor from the beginning.
2. Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming
goods already identified to a lease contract repudiates or is otherwise in default under
the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the
extent of any deficiency in lessor's or supplier's effective insurance coverage may treat
the risk of loss as resting on the lessee for a commercially reasonable time.