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Current as of January 01, 2024 | Updated by FindLaw Staff
1. In this chapter, unless the context otherwise requires:
a. “Agreement” and “contract” are limited to those relating to the present or future sale of goods.
b. “Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time.
c. “Present sale” means a sale that is accomplished by the making of the contract.
d. “Sale” consists in the passing of title from the seller to the buyer for a price (section 41-02-46).
2. “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance.
3. Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract.
4. “Hybrid transaction” means a single transaction involving a sale of goods and:
a. The provision of services;
b. A lease of other goods; or
c. A sale, lease, or license of property other than goods.
5. “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On “termination” all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
Cite this article: FindLaw.com - North Dakota Century Code Title 41. Uniform Commercial Code § 41-02-06. (2-106) Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-41-uniform-commercial-code/nd-cent-code-sect-41-02-06/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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