North Dakota Century Code

N.D. Cent. Code § 41-02-93 (2026)

(2-714) Buyer's damages for breach in regard to accepted goods

✓ current as of May 2026

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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. \n

Notes of Decisions

Cited in 8 cases, 1976–2007 · leading case: Schneidt v. Absey Motors, Inc., 248 N.W.2d 792 (N.D. 1976).

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Schneidt v. Absey Motors, Inc., 248 N.W.2d 792 (N.D. 1976). · cites it 12× “Section 41-02-93, N.D.C.C., supra, is the U.”

Dakota Grain Co., Inc. v. Ehrmantrout, 502 N.W.2d 234 (N.D. 1993). · cites it 6× “Section 41-02-30(1)(b), N.D.C.C. The contract is breached when the delivered goods do not conform to the description, irrespective of whether the seller acted negligently or otherwise.”

Canterra Petroleum, Inc. v. W. Drilling & Mining Supply, 418 N.W.2d 267 (N.D. 1987). · cites it 8× “Section 41-02-93(2), N.D.C.C. [U.C.C. § 2-714], sets forth the measure of the buyer’s damage for breach of the warranty of title: “2.”

Troutman v. Pierce, Inc., 402 N.W.2d 920 (N.D. 1987). · cites it 4× “Section 41-02-93(2-714), N.D.C.C., upon which Schult relies, provides: “41-02-93.”

Fode v. Capital RV Ctr., Inc., 1998 ND 65 (N.D. 1998). · cites it 4× “See N.D.C.C. § 41-02-93 (U.C.C. § 2-714) (authorizing incidental and consequential damages for breach of warranty).”

Superior, Inc. v. Behlen Mfg. Co., 2007 ND 141 (N.D. 2007). · cites it 2× “[¶ 19] Under N.D.C.C. § 41-02-93, the buyer may recover damages from the seller for breach of warranty when goods are accepted but later are discovered to be nonconforming.”

Leininger v. Sola, 314 N.W.2d 39 (N.D. 1981). · cites it 4× “Sections 41-02-93, N.D.C.C. [2-714 (UCC)] and 41-02-94, N.”

AgGrow Oils, L.L.C. v. Nat'l Union Fire Ins., 276 F. Supp. 2d 999 (D.N.D. 2003). “Cent-Code § 41-02-93. Anderson argues, however, that the Masters erroneously predicated their determination of Anderson’s liability on a failed “duty to cooperate,” a duty that Anderson argues it did not assume.”

— N.D. Cent. Code § 41-02-93(1) — 1 case

Dakota Grain Co., Inc. v. Ehrmantrout, 502 N.W.2d 234 (N.D. 1993). “Section 41-02-30(1)(b), N.D.C.C. The contract is breached when the delivered goods do not conform to the description, irrespective of whether the seller acted negligently or otherwise.”

— N.D. Cent. Code § 41-02-93(2) — 4 cases

Schneidt v. Absey Motors, Inc., 248 N.W.2d 792 (N.D. 1976). “Section 41-02-93, N.D.C.C., supra, is the U.”

Canterra Petroleum, Inc. v. W. Drilling & Mining Supply, 418 N.W.2d 267 (N.D. 1987). “Section 41-02-93(2), N.D.C.C. [U.C.C. § 2-714], sets forth the measure of the buyer’s damage for breach of the warranty of title: “2.”

Troutman v. Pierce, Inc., 402 N.W.2d 920 (N.D. 1987). “Section 41-02-93(2-714), N.D.C.C., upon which Schult relies, provides: “41-02-93.”

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