North Dakota Statutes
§ 41-02.1-45 — (2A-404) Substituted performance
North Dakota § 41-02.1-45
This text of North Dakota § 41-02.1-45 ((2A-404) Substituted performance) 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 § 41-02.1-45 (2026).
Text
1.If without fault of the lessee, the lessor, or the supplier, the agreed berthing, loading, or
unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed
manner of delivery otherwise becomes commercially impracticable, but a commercially
reasonable substitute is available, the substitute performance must be tendered and
accepted.
2.If the agreed means or manner of payment fails because of domestic or foreign
governmental regulation:
a.The lessor may withhold or stop delivery or cause the supplier to withhold or stop
delivery unless the lessee provides a means or manner of payment that is
commercially a substantial equivalent.
b.If delivery has already been taken, payment by the means or in the manner
provided by the regulation discharges the lessee's obl
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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) PresumptionsCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 41-02.1-45, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/41-02.1-45.