Title 9, Contracts and Obligations
18 chapters · 195 sections in this title.
N.D.C.C. § 9-08-01 Provisions that are unlawful
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Any provision of a contract is unlawful if it is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly prohibited; or 3. Otherwise contrary to good morals.
N.D.C.C. § 9-08-02 Contracts against the policy of the law
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All contracts which have for their object, directly or indirectly, the exempting of anyone from responsibility for that person's own fraud or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.
N.D.C.C. § 9-08-02.1 Contracts against liability for errors or omissions - Void
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Any provision in a construction contract which would make the contractor liable for the errors or omissions of the owner or the owner's agents in the plans and specifications of such contract is against public policy and void.
N.D.C.C. § 9-08-03 Penalties and penal clauses void
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Penalties imposed by contract for any nonperformance thereof are void.
N.D.C.C. § 9-08-04 Fixing damages for breach void - Exception
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Every contract by which the amount of damages to be paid, or other compensation to be made, for a breach of an obligation is determined in anticipation thereof is to that extent void, except that the parties may agree therein upon an amount presumed to be the damage sustained by …
N.D.C.C. § 9-08-05 Restricting enforcement of rights void
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Every stipulation or condition in a contract by which any party thereto is restricted from enforcing that party's rights under the contract by the usual legal proceedings in the ordinary tribunals or which limits the time within which that party thus may enforce that party's righ…
N.D.C.C. § 9-08-06 In restraint of business void - Exceptions
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A contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is to that extent void, except: 1. A person that sells the goodwill of a business and the person's partners, members, or shareholders may agree with the buyer to refrain f…
N.D.C.C. § 9-08-07 In restraint of marriage void
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Every contract in restraint of the marriage of any person, other than a minor, is void.
N.D.C.C. § 9-08-08 Settlement of damages for personal injuries voidable
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Every settlement or adjustment of any claim for relief for damages on account of any personal injuries received, whether death ensues or not to the person injured, and every contract of retainer or employment to prosecute such an action, is voidable if made within thirty days aft…
N.D.C.C. § 9-08-09 Rescission of contract for damages for personal injuries
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Any person sustaining personal injuries, or in case of the person's death, the person's personal representative, may elect at any time within six months after the date of such injury to avoid any settlement, adjustment, or contract made in connection therewith within the time men…