North Dakota § 51-23-22 - Affirmative defense
Full text of North Dakota North Dakota Century Code § 51-23-22 — Affirmative defense, with citation guidance and answers to common questions.
§ 51-23-22. Affirmative defense
It is a defense in any complaint, information, indictment, or any writ or proceeding brought under this chapter alleging a violation of section 51-23-03 based solely on the failure in an individual case to make physical delivery within the applicable time period under subsection 5 of section 51-23-02 or subdivision b of subsection 1 of section 51-23-05 if: 1. Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries, or successors; and 2. Physical delivery was completed within a reasonable time under the applicable circumstances.
Source: official North Dakota text · Last verified 2026-08-27
Frequently Asked Questions About North Dakota § 51-23-22
What does North Dakota Century Code § 51-23-22 cover?
Section 51-23-22 ("Affirmative defense") 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 § 51-23-22?
A common citation format is "North Dakota Century Code § 51-23-22" (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 § 51-23-22 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.