North Dakota § 41-07-09 (7-203) Liability for nonreceipt or misdescription

North Dakota Statutes

§ 41-07-09 — (7-203) Liability for nonreceipt or misdescription

North Dakota § 41-07-09

Title 41Uniform Commercial Code

Ch. 41-07Documents of Title

This text of North Dakota § 41-07-09 ((7-203) Liability for nonreceipt or misdescription) 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 § 41-07-09 (2026).

Text

A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:

1.The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents, condition, and quality unknown", "said to contain", or words of similar import, if the indication is true; or

2.The party or purchaser otherwise has notice of the nonreceipt or misdescription.

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A party to or purchaser for value in good faith of a document of title, other than a bill of
lading, that relies upon the description of the goods in the document may recover from the
issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent
that:
1. The document conspicuously indicates that the issuer does not know whether all or
part of the goods in fact were received or conform to the description, such as a case in
which the description is in terms of marks or labels or kind, quantity, or condition, or
the receipt or description is qualified by "contents, condition, and quality unknown",
"said to contain", or words of similar import, if the indication is true; or
2. The party or purchaser otherwise has notice of the nonreceipt or misdescription.