Title 32, Judicial Remedies

Specific relief may be given in the cases specified in this chapter and in no other cases.

Specific relief is given: 1. By taking possession of a thing and delivering it to a claimant; 2. By compelling a party to do that which ought to be done; or 3. By declaring and determining the rights of parties, otherwise than by an award of damages.

Specific relief cannot be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case.

A person entitled to specific real property by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same either by a judgment for its possession to be executed by the sheriff, or by a judgment requiring the other party to perfect…

A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by this title.

Any person having the possession or control of a particular article of personal property of which such person is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.

Except as otherwise provided in this chapter, the specific performance of an obligation may be compelled.

Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compelled specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with f…

It is to be presumed that the breach of an agreement to transfer real property cannot be relieved adequately by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.

A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed or offers to perform it on the latter's part and the case is proper otherwise for enforcing specific performance.

A contract otherwise proper to be enforced specifically may be thus enforced, though a penalty is imposed, or the damages are liquidated, for its breach, and the party in default is willing to pay the same.

The following obligations cannot be enforced specifically: 1. An obligation to render personal service. 2. An obligation to employ another in personal service. 3. An agreement to perform an act that the party has no power lawfully to perform when required to do so. 4. An agreemen…

Specific performance cannot be enforced against a party to a contract in any of the following cases: 1. If the party has not received an adequate consideration for the contract. 2. If it is not as to that party just and reasonable. 3. If such party's assent was obtained by misrep…

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on such party's part to the obligation of the other party, except when such party's failure to perform is only partial and either entirely immaterial or…

An agreement for the sale of property cannot be enforced specifically in favor of a seller who cannot give to the buyer a title free from reasonable doubt.

Whenever an obligation in respect to real property would be enforced specifically against a particular person, it may be enforced in like manner against any other person claiming under that particular person by a title created subsequently to the obligation, except a purchaser or…

When, through fraud or mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that i…

For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.

In revising a written instrument, the court may inquire what the instrument was intended to mean and what were intended to be its legal consequences, and it is not confined to an inquiry as to what the language of the instrument was intended to be.

A contract may be revised first and then specifically enforced.

The rescission of a written contract may be adjudged on the application of the party aggrieved: 1. In any of the cases mentioned in section 9-09-02; 2. When the contract is unlawful for causes not apparent upon its face and when the parties were not equally in fault; or 3. When t…

Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made.

On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require.

When a written instrument, or the record thereof, may cause injury to a person against whom such instrument is void or voidable, such instrument, in an action brought by the party injured, may be adjudged void and the same ordered to be delivered up for cancellation and the recor…

When an instrument is evidence of different rights or obligations, it may be canceled in part and allowed to stand for the residue.