41-02-93. (2-714) Buyer's damages for breach in regard to accepted goods.
113 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-93·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. When the buyer has accepted goods and given notification (subsection 3 of section
41-02-70), the buyer may recover as damages for any nonconformity of tender the
loss resulting in the ordinary course of events from the seller's breach as determined in
any manner which is reasonable.
2. The measure of damages for breach of warranty is the difference at the time and place
of acceptance between the value of the goods accepted and the value they would
have had if they had been as warranted, unless special circumstances show proximate
damages of a different amount.
3. In a proper case, any incidental and consequential damages under section 41-02-94
may also be recovered.