North Dakota § 41-02.1-51 (2A-503) Modification or impairment of rights and remedies

North Dakota Statutes

§ 41-02.1-51 — (2A-503) Modification or impairment of rights and remedies

North Dakota § 41-02.1-51

Title 41Uniform Commercial Code

Ch. 41-02.1Leases

This text of North Dakota § 41-02.1-51 ((2A-503) Modification or impairment of rights and remedies) 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 § 41-02.1-51 (2026).

Text

1.Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter.

2.Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter.

3.Consequential damages may be liquidated under section 41-02.1-52, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alterati

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1. Except as otherwise provided in this chapter, the lease agreement may include rights
and remedies for default in addition to or in substitution for those provided in this
chapter and may limit or alter the measure of damages recoverable under this chapter.
2. Resort to a remedy provided under this chapter or in the lease agreement is optional
unless the remedy is expressly agreed to be exclusive. If circumstances cause an
exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive
remedy is unconscionable, remedy may be had as provided in this chapter.
3. Consequential damages may be liquidated under section 41-02.1-52, or may
otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential damages for
injury to the person in the case of consumer goods is prima facie unconscionable but
limitation, alteration, or exclusion of damages if the loss is commercial is not prima
facie unconscionable.
4. Rights and remedies on default by the lessor or the lessee with respect to any
obligation or promise collateral or ancillary to the lease contract are not impaired by
this chapter.