North Dakota § 41-02-28 - (2-311) Options and cooperation respecting performance
Full text of North Dakota North Dakota Century Code § 41-02-28 — (2-311) Options and cooperation respecting performance, with citation guidance and answers to common questions.
§ 41-02-28. (2-311) Options and cooperation respecting performance
1. An agreement for sale which is otherwise sufficiently definite (subsection 3 of section 41-02-11) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness. 2. Unless otherwise agreed, specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in subdivision c of subsection 1 and subsection 3 of section 41-02-36 specifications or arrangements relating to shipment are at the seller's option. 3. If such specification would materially affect the other party's performance but is not seasonably made or if one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies: a. Is excused for any resulting delay in that party's own performance; and b. May also either proceed to perform in any reasonable manner or after the time for a material part of that party's own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Source: official North Dakota text · Last verified 2026-08-27
Frequently Asked Questions About North Dakota § 41-02-28
What does North Dakota Century Code § 41-02-28 cover?
Section 41-02-28 ("(2-311) Options and cooperation respecting performance") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Dakota § 41-02-28?
A common citation format is "North Dakota Century Code § 41-02-28" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 41-02-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.