N.D. Cent. Code § 41-07-02
(7-102) Definitions and index of definitions
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) In this chapter, unless the context otherwise requires: “Bailee” means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.
(1) In this chapter, unless the context otherwise requires: “Bailee” means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.
(2) “Carrier” means a person that issues a bill of lading.
(2) “Carrier” means a person that issues a bill of lading.
(3) “Consignee” means a person named in a bill of lading to which or to whose order the bill promises delivery.
(3) “Consignee” means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) “Consignor” means a person named in a bill of lading as the person from which the goods have been received for shipment.
(4) “Consignor” means a person named in a bill of lading as the person from which the goods have been received for shipment.
(5) “Delivery order” means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
(5) “Delivery order” means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
(6) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(6) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(7) “Goods” means all things that are treated as movable for the purposes of a contract for storage or transportation.
(7) “Goods” means all things that are treated as movable for the purposes of a contract for storage or transportation.
(8) “Issuer” means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer’s instructions.
(8) “Issuer” means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer’s instructions.
(9) “Person entitled under the document” means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a non-negotiable document of title.
(9) “Person entitled under the document” means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a non-negotiable document of title.
(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11) “Shipper” means a person that enters into a contract of transportation with a carrier.
(11) “Shipper” means a person that enters into a contract of transportation with a carrier.
(12) “Sign” means, with present intent to authenticate or adopt a record: To execute or adopt a tangible symbol; or
(12) “Sign” means, with present intent to authenticate or adopt a record: To execute or adopt a tangible symbol; or
(13) To attach to or logically associate with the record an electronic sound, symbol, or process.
(13) To attach to or logically associate with the record an electronic sound, symbol, or process.
(14) “Warehouse” means a person engaged in the business of storing goods for hire.
(14) “Warehouse” means a person engaged in the business of storing goods for hire.
(15) Definitions in other sections applying to this chapter and the sections in which they appear are: “Contract for sale”. Section 41-02-06.
(15) Definitions in other sections applying to this chapter and the sections in which they appear are: “Contract for sale”. Section 41-02-06.
(16) “Lessee in ordinary course”. Section 41-02.1-03.
(16) “Lessee in ordinary course”. Section 41-02.1-03.
(17) “Receipt” of goods. Section 41-02-03.
(17) “Receipt” of goods. Section 41-02-03.
(18) In addition, chapter 41-01 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
(18) In addition, chapter 41-01 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
(19) The obligation of good faith imposed by this Article and by Article 1, Section 1-304 includes the observance of reasonable commercial standards of fair dealing.
(20) The definitions of “record” and “sign” are included to facilitate electronic mediums. See comment 9 to Section 9-102 discussing “record” and the comment to amended Section 2-103 discussing “sign.”
(21) “Person entitled under the document” is moved from former Section 7-403.
(22) These definitions apply in this Article unless the context otherwise requires. The “context” is intended to refer to the context in which the defined term is used in the Uniform Commercial Code. The definition applies whenever the defined term is used unless the context in which the defined term is used in the statute indicates that the term was not used in its defined sense. See comment to Section 1-201.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.