North Dakota § 41-02.1-67 (2A-519) Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods

North Dakota Statutes

§ 41-02.1-67 — (2A-519) Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods

North Dakota § 41-02.1-67

Title 41Uniform Commercial Code

Ch. 41-02.1Leases

This text of North Dakota § 41-02.1-67 ((2A-519) Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods) 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 § 41-02.1-67 (2026).

Text

breach of warranty in regard to accepted goods.

1.Except as otherwise provided with respect to damages liquidated in the lease agreement (section 41-02.1-52) or determined by agreement of the parties (sections 41-01-16 and 41-02.1-51), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under subsection 2 of section 41-02.1-66, or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement to

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breach of warranty in regard to accepted goods.
1. Except as otherwise provided with respect to damages liquidated in the lease
agreement (section 41-02.1-52) or determined by agreement of the parties (sections
41-01-16 and 41-02.1-51), if a lessee elects not to cover or a lessee elects to cover
and the cover is by lease agreement that for any reason does not qualify for treatment
under subsection 2 of section 41-02.1-66, or is by purchase or otherwise, the measure
of damages for nondelivery or repudiation by the lessor or for rejection or revocation of
acceptance by the lessee is the present value, as of the date of the default, of the then
market rent minus the present value as of the same date of the original rent, computed
for the remaining lease term of the original lease agreement together with incidental
and consequential damages, less expenses saved in consequence of the lessor's
default.
2. Market rent 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.
3. If the lessee has accepted goods and given notification (subsection 3 of section
41-02.1-64), the measure of damages for nonconforming tender or delivery or other
default by a lessor is the loss resulting in the ordinary course of events from the
lessor's default as determined in any manner that is reasonable together with
incidental and consequential damages, less expenses saved in consequence of the
lessor's default.
4. The measure of damages for breach of warranty is the present value at the time and
place of acceptance of the difference between the value of the use of the goods
accepted and the value if they had been as warranted for the lease term, unless
special circumstances show proximate damages of a different amount, together with
incidental and consequential damages, less expenses saved in consequence of the
lessor's default or breach of warranty.