§ 41-02-01 (2-101) Short title
§ 41-02-02 (2-102) Scope – Certain security and other transactions excluded from this chapter
§ 41-02-03 (2-103) Definitions and index of definitions
§ 41-02-04 (2-104) Between merchants, financing agency, and merchant defined
§ 41-02-05 (2-105) Commercial unit, goods, and lot defined – Transferability
§ 41-02-06 (2-106) Definitions
§ 41-02-07 (2-107) Goods to be severed from realty – Recording
§ 41-02-08 (2-201) Formal requirements – Statute of frauds
§ 41-02-09 (2-202) Final expression – Parol or extrinsic evidence
§ 41-02-10 (2-203) Seals inoperative
§ 41-02-11 (2-204) Formation in general
§ 41-02-12 (2-205) Firm offers
§ 41-02-13 (2-206) Offer and acceptance in formation of contract
§ 41-02-14 (2-207) Additional terms in acceptance or confirmation
§ 41-02-16 (2-209) Modification, rescission, and waiver
§ 41-02-17 (2-210) Delegation of performance – Assignment of rights
§ 41-02-18 (2-301) General obligations of parties
§ 41-02-19 (2-302) Unconscionable contract or clause
§ 41-02-20 (2-303) Allocation or division of risks
§ 41-02-21 (2-304) Price payable in money, goods, realty, or otherwise
§ 41-02-22 (2-305) Open price term
§ 41-02-23 (2-306) Output, requirements, and exclusive dealings
§ 41-02-24 (2-307) Delivery in single lot or several lots
§ 41-02-25 (2-308) Absence of specified place for delivery
§ 41-02-26 (2-309) Absence of specific time provisions – Notice of termination
§ 41-02-27 (2-310) Open time for payment or running of credit – Authority to ship under reservation
§ 41-02-28 (2-311) Options and cooperation respecting performance
§ 41-02-29 (2-312) Warranty of title and against infringement – Buyer’s obligation against infringement
§ 41-02-30 (2-313) Express warranties by affirmation, promise, description, sample
§ 41-02-31 (2-314) Implied warranty – Merchantability – Usage of trade
§ 41-02-32 (2-315) Implied warranty – Fitness for particular purpose
§ 41-02-33 (2-316) Exclusion or modification of warranties
§ 41-02-34 (2-317) Cumulation and conflict of warranties express or implied
§ 41-02-35 (2-318) Third-party beneficiaries of warranties express or implied
§ 41-02-36 (2-319) F.O.B
§ 41-02-37 (2-320) C.I.F
§ 41-02-38 (2-321) C.I.F
§ 41-02-39 (2-322) Delivery ex-ship
§ 41-02-40 (2-323) Form of bill of lading required in overseas shipment – Overseas
§ 41-02-41 (2-324) No arrival, no sale term
§ 41-02-42 (2-325) Letter of credit term – Confirmed credit
§ 41-02-43 (2-326) Sale on approval and sale or return – Rights of creditors
§ 41-02-44 (2-327) Special incidents of sale on approval and sale or return
§ 41-02-45 (2-328) Sale by auction
§ 41-02-46 (2-401) Passing of title – Reservation for security – Limited application of section
§ 41-02-47 (2-402) Rights of seller’s creditors against sold goods
§ 41-02-48 (2-403) Power to transfer – Good-faith purchase of goods – Entrusting
§ 41-02-49 (2-501) Insurable interest in goods – Manner of identification of goods
§ 41-02-50 (2-502) Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency
§ 41-02-51 (2-503) Manner of seller’s tender of delivery
§ 41-02-52 (2-504) Shipment by seller
§ 41-02-53 (2-505) Seller’s shipment under reservation
§ 41-02-54 (2-506) Rights of financing agency
§ 41-02-55 (2-507) Effect of seller’s tender – Delivery on condition
§ 41-02-56 (2-508) Cure by seller of improper tender or delivery – Replacement
§ 41-02-57 (2-509) Risk of loss in the absence of breach
§ 41-02-58 (2-510) Effect of breach on risk of loss
§ 41-02-59 (2-511) Tender of payment by buyer – Payment by check
§ 41-02-60 (2-512) Payment by buyer before inspection
§ 41-02-61 (2-513) Buyer’s right to inspection of goods
§ 41-02-62 (2-514) When documents deliverable on acceptance – When on payment
§ 41-02-63 (2-515) Preserving evidence of goods in dispute
§ 41-02-64 (2-601) Buyer’s rights on improper delivery
§ 41-02-65 (2-602) Manner and effect of rightful rejection
§ 41-02-66 (2-603) Merchant buyer’s duties as to rightfully rejected goods
§ 41-02-67 (2-604) Buyer’s options as to salvage of rightfully rejected goods
§ 41-02-68 (2-605) Waiver of buyer’s objections by failure to particularize
§ 41-02-69 (2-606) What constitutes acceptance of goods
§ 41-02-70 (2-607) Effect of acceptance – Notice of breach – Burden of establishing breach after acceptance – Notice of claim or litigation to person answerable over
§ 41-02-71 (2-608) Revocation of acceptance in whole or in part
§ 41-02-72 (2-609) Right to adequate assurance of performance
§ 41-02-73 (2-610) Anticipatory repudiation
§ 41-02-74 (2-611) Retraction of anticipatory repudiation
§ 41-02-75 (2-612) Installment contract – Breach
§ 41-02-76 (2-613) Casualty to identified goods
§ 41-02-77 (2-614) Substituted performance
§ 41-02-78 (2-615) Excuse by failure of presupposed conditions
§ 41-02-79 (2-616) Procedure on notice claiming excuse
§ 41-02-80 (2-701) Remedies for breach of collateral contracts not impaired
§ 41-02-81 (2-702) Seller’s remedies on discovery of buyer’s insolvency
§ 41-02-82 (2-703) Seller’s remedies in general
§ 41-02-83 (2-704) Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
§ 41-02-84 (2-705) Seller’s stoppage of delivery in transit or otherwise
§ 41-02-85 (2-706) Seller’s resale including contract for resale
§ 41-02-86 (2-707) Person in the position of a seller
§ 41-02-87 (2-708) Seller’s damages for nonacceptance or repudiation
§ 41-02-88 (2-709) Action for the price
§ 41-02-89 (2-710) Seller’s incidental damages
§ 41-02-90 (2-711) Buyer’s remedies in general – Buyer’s security interest in rejected goods
§ 41-02-91 (2-712) Cover – Buyer’s procurement of substitute goods
§ 41-02-92 (2-713) Buyer’s damages for nondelivery or repudiation
§ 41-02-93 (2-714) Buyer’s damages for breach in regard to accepted goods
§ 41-02-94 (2-715) Buyer’s incidental and consequential damages
§ 41-02-95 (2-716) Buyer’s right to specific performance or replevin
§ 41-02-96 (2-717) Deduction of damages from the price
§ 41-02-97 (2-718) Liquidation or limitation of damages – Deposits
§ 41-02-98 (2-719) Contractual modification or limitation of remedy
§ 41-02-99 (2-720) Effect of cancellation or rescission on claims for antecedent breach
§ 41-02-100 (2-721) Remedies for fraud
§ 41-02-101 (2-722) Who can sue third parties for injury to goods
§ 41-02-102 (2-723) Proof of market price – Time and place
§ 41-02-103 (2-724) Admissibility of market quotations
§ 41-02-104 (2-725) Statute of limitations in contracts for sale
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Terms Used In North Dakota Code > Chapter 41-02 - Sales

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized: when used with reference to a financing statement record, means that the financing statement record was filed by a person authorized to do so as provided in sections 41-09-80 and 41-09-130. See North Dakota Code 41-10-01
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See North Dakota Code 1-01-30
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33