41-02-94. (2-715) Buyer's incidental and consequential damages.
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/nd/title-41/chapter-41-02-sales/41-02-94·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Incidental damages resulting from the seller's breach include expenses reasonably
incurred in inspection, receipt, transportation, and care and custody of goods rightfully
rejected, any commercially reasonable charges, expenses, or commissions in
connection with effecting cover, and any other reasonable expense incident to the
delay or other breach.
2. Consequential damages resulting from the seller's breach include:
a. Any loss resulting from general or particular requirements and needs of which the
seller at the time of contracting had reason to know and which could not
reasonably be prevented by cover or otherwise; and
b. Injury to person or property proximately resulting from any breach of warranty.