Title 9, Contracts and Obligations
18 chapters · 195 sections in this title.
N.D.C.C. § 9-09-01 Extinction of contracts
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A contract may be extinguished in like manner with any other obligation and also by rescission, alteration, or cancellation to the extent and in the manner provided by this title.
N.D.C.C. § 9-09-02 Rescission - When permitted
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A party to a contract may rescind the same in the following cases only: 1. If the consent of the party rescinding or of any party jointly contracting with the party rescinding was given by mistake or obtained through duress, menace, fraud, or undue influence exercised by or with …
N.D.C.C. § 9-09-03 Rescission permitted notwithstanding provisions against
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A stipulation that errors of description shall not avoid a contract or shall be the subject of compensation, or both, does not take away the right of rescission for fraud, nor for mistake when such mistake is in a matter essential to the inducement of the contract and is not capa…
N.D.C.C. § 9-09-04 Rules governing rescission
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Rescission, when not effected by consent or pursuant to sections 9-08-08 and 9-08-09, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: 1. The party rescinding shall rescind promptly upon discover…
N.D.C.C. § 9-09-05 Alteration of oral contract
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A contract not in writing may be altered in any respect by consent of the parties in writing without a new consideration, or by oral consent of the parties with a new consideration, and is extinguished thereby to the extent of the alteration.
N.D.C.C. § 9-09-06 Alteration of written contract
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A contract in writing may be altered by a contract in writing or by an executed oral agreement and not otherwise. An oral agreement is executed within the meaning of this section whenever the party performing has incurred a detriment which that party was not obligated by the orig…
N.D.C.C. § 9-09-07 Destruction or cancellation by consent
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The destruction or cancellation of a written contract or of the signature of the parties liable thereon with intent to extinguish the obligation thereof extinguishes it as to all of the parties consenting to the act.
N.D.C.C. § 9-09-08 Cancellation or destruction of contract - Effect
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The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under it, or with that party's consent, extinguishes all the executory obligations of the contract in that party's favor against parties who do not consent t…