41-02.1-28. (2A-219) Risk of loss.
246 words·~1 min read·
/nd/title-41/chapter-41-02-1-leases/41-02-1-28·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Except in the case of a finance lease, risk of loss is retained by the lessor and does
not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
2. Subject to section 41-02.1-29, if risk of loss is to pass to the lessee and the time of
passage is not stated, the following rules apply:
a. If the lease contract requires or authorizes the goods to be shipped by carrier:
(1)And it does not require delivery at a particular destination, the risk of loss
passes to the lessee when the goods are duly delivered to the carrier; but
(2)If it does require delivery at a particular destination and the goods are there
duly tendered while in the possession of the carrier, the risk of loss passes
to the lessee when the goods are there duly so tendered as to enable the
lessee to take delivery.
b. If the goods are held by a bailee to be delivered without being moved, the risk of
loss passes to the lessee on acknowledgment by the bailee of the lessee's right
to possession of the goods.
c. In any case not within subdivision a or b, the risk of loss passes to the lessee on
the lessee's receipt of the goods if the lessor, or, in the case of a finance lease,
the supplier, is a merchant. Otherwise, the risk passes to the lessee on tender of
delivery.