(2-713) Buyer's damages for nondelivery or repudiation
N.D. Cent. Code § 41-02-92
in effect41-02-92. (2-713) Buyer's damages for nondelivery or repudiation
1. Subject to the provisions of this chapter with respect to proof of market price (section
41-02-102), the measure of damages for nondelivery or repudiation by the seller is the
difference between the market price at the time when the buyer learned of the breach
and the contract price together with any incidental and consequential damages
provided in this chapter (section 41-02-94), but less expenses saved in consequence
of the seller's breach.
2. Market price 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02.pdf#nameddest=41-02-92Fetched: 10/16/2026