Essay and Performance Subjects Flashcards

Under North Dakota's UCC Article 2, when does risk of loss pass to the buyer when a contract requires shipment by common carrier (shipment contract)?

Answer: When the seller delivers goods to the carrier

Under UCC § 2-509(1)(a), risk of loss passes to the buyer when the seller duly delivers the goods to the carrier in a shipment contract.

A North Dakota essay on professional responsibility asks about the duty of confidentiality. Under the ND Rules of Professional Conduct, which exception permits disclosure to prevent a client's reasonably certain death or substantial bodily harm?

Answer: Rule 1.6(b)(1)

N.D. RPC 1.6(b)(1) permits (but does not require) a lawyer to disclose confidential information to prevent reasonably certain death or substantial bodily harm.

Under North Dakota property law, which future interest is retained by the grantor when they convey a fee simple determinable?

Answer: Possibility of reverter

A fee simple determinable is paired with a possibility of reverter, which automatically returns the estate to the grantor if the limiting condition occurs.

In a North Dakota criminal procedure essay, what standard must be met before police may conduct a warrantless search incident to a lawful arrest?

Answer: The arrest must be lawful and search must be of the person and area within immediate control

Under Chimel v. California, a search incident to arrest is limited to the arrestee's person and the area within their immediate control to prevent weapon access or evidence destruction.

Under North Dakota's Uniform Probate Code, what is the intestate share of a surviving spouse when the decedent is also survived by descendants who are not descendants of the surviving spouse?

Answer: One-half of the estate

Under N.D.C.C. § 30.1-04-02, when the decedent has descendants who are not also descendants of the surviving spouse, the spouse takes one-half of the intestate estate.

In a North Dakota agency essay, which type of authority arises from the principal's conduct that leads a reasonable third party to believe the agent has authority?

Answer: Apparent authority

Apparent authority arises when the principal's words or conduct reasonably lead third parties to believe the agent has authority, even if no actual authority was granted.

Under North Dakota's comparative fault statute, how are damages allocated when a plaintiff is found to be 51% at fault?

Answer: Plaintiff recovers nothing because they exceed 50% fault

North Dakota follows modified comparative fault — a plaintiff who is 50% or more at fault is barred from recovery under N.D.C.C. § 32-03.2-02.