Title 9 — Contracts and Obligations

The thing to be delivered, if any, need not in any case actually be produced upon an offer of performance unless the offer is accepted.

The creditor must make objections to the mode of an offer of performance at the time it is made to the creditor. If this is not done, any objection which could have been obviated at that time is waived by the creditor's failure to make the same.

The title to a thing duly offered in performance of an obligation passes to the creditor if the debtor, at the time the offer is made, signifies the debtor's intention to that effect.

A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.

When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor's part, the debtor may make the debtor's offer to depend upon the due performance of such condition.

A debtor has a right to require from the debtor's creditor a written receipt for any property delivered in performance of the debtor's obligation.

When delay in performance is capable of exact and entire compensation and time has not been declared expressly to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due but without prej…

An obligation for the payment of money is extinguished by a due offer of payment if the amount immediately is deposited in the name of the creditor with some bank of deposit of good repute within this state, and notice thereof is given to the creditor.

An obligation for the delivery of money or property or for the conveyance of property is not discharged by an offer of performance, nor are any of its incidents affected thereby, unless: 1. If the thing offered is money, the same is deposited according to the provisions of sectio…

The person offering a thing other than money by way of performance, if that person means to treat it as belonging to the creditor, shall retain it as a depositary for hire until: 1. The creditor accepts it; 2. That person has given reasonable notice to the creditor that that pers…

If anything is given to a creditor by way of performance which the creditor refuses to accept as such, the creditor is not bound to return it without demand, but if the creditor retains it, the creditor is a gratuitous depositary thereof. 9-12-28. Deposit in special fund to extin…

The creditor is entitled to claim the amount of money from the county treasurer within nine months of the date of deposit upon a showing to the county treasurer of a satisfaction of the lien, encumbrance, or cloud which includes an indication by the recorder that the satisfaction…

An obligation is extinguished by a release therefrom given to the debtor by the creditor upon a new consideration, or if the release is in writing, with or without a new consideration.

A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which if known by the creditor, must have materially affected the creditor's settlement with the debtor.

A release of one of two or more joint debtors does not extinguish the obligations of any of the others unless they are mere guarantors. Such release does not affect the right of the joint debtors to contribution from the party so released.

An accord is an agreement to accept in extinction of an obligation something different from or less than that to which the person agreeing to accept is entitled.

Acceptance by the creditor of the consideration of an accord extinguishes the obligation and is called satisfaction.

Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is executed fully.

Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.

Novation is the substitution of a new obligation for an existing one.

Novation is made by contract and is subject to all the rules concerning contracts in general.

Novation is made by the substitution of: 1. A new obligation between the same parties with intent to extinguish the old obligation; 2. A new debtor in the place of the old one with intent to release the latter; or 3. A new creditor in place of the old one with intent to transfer …

When the obligation of a third person or an order upon such person is accepted in satisfaction, the creditor may rescind such acceptance if: 1. The debtor prevents such person from complying with the order or from fulfilling the obligation; 2. At the time the obligation or order …

As used in this chapter, unless the context otherwise requires: 1. "Contract for invention development services" includes a contract by which an invention developer undertakes to develop or promote an invention for a customer. 2. "Customer" means any individual who is solicited b…

1. Every contract for invention development services must be in writing and is subject to this chapter. A copy of each fully executed contract must be given to the customer at the time the customer signs the contract. 2. If one or more contracts are contemplated by the invention …

1. Notwithstanding any contractual provision to the contrary, the customer has the unconditional right to cancel a contract for invention development services for any reason at any time before midnight of the third business day following the date the invention developer and the c…

1. A contract for invention development services must set forth the information required in this section in at least ten-point type or equivalent size if handwritten. 2. The following disclosure statement must be in boldface type and must be located conspicuously on a cover sheet…

1. In either the first written communication from the invention developer to a specific customer or at the first personal meeting between the invention developer and a customer, whichever occurs first, the invention developer shall make a written disclosure to the customer of the…

1. Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company authorized to do business in this state, and equal to either ten percent of the invention developer's gross income from the i…

In connection with a contract for invention development services, the invention developer may not take from a customer a negotiable instrument other than a check as evidence of the obligation of the customer. A holder is not a holder in due course if the holder takes a negotiable…

Every invention developer shall maintain all records and correspondence relating to performance of each invention development contract for a period of not less than three years after expiration of the term of the contract.

1. The provisions of this chapter are not exclusive and do not relieve the parties or the contract from compliance with all other applicable laws. 2. Any contract for invention development services that does not comply with the applicable provisions of this chapter is unenforceab…

In this chapter: 1. "Agreement" means the bargain of the parties in fact, as found in the parties' language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. 2. "Automated…

1. Except as otherwise provided in subsection 2 or 3, this chapter applies to electronic records and electronic signatures relating to a transaction. 2. Except as provided in subsection 3, this chapter does not apply to a transaction to the extent the transaction is governed by: …

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored after July 31, 2001.

1. This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. 2. This chapter applies only to transactions between parties each of which has agreed t…

This chapter must be construed and applied: 1. To facilitate electronic transactions consistent with other applicable law; 2. To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and 3. To effectuate it…

1. If parties have agreed to conduct transactions by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an elec…

1. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic rec…

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: 1. If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other par…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

1. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: a. Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic re…

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

In an automated transaction, the following rules apply: 1. A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. 2. A contract may be fo…

1. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the record: a. Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electr…

1. In this section, "transferable record" means an electronic record that: a. Would be a note under chapter 41-03 or a document under chapter 41-07 if the electronic record were in writing; and b. The issuer of the electronic record expressly has agreed is a transferable record. …

1. Except as otherwise provided in subsection 6 of section 9-16-11, the state records administrator shall provide guidelines to determine whether, and the extent to which, a governmental agency will send and accept electronic records and electronic signatures to and from other pe…

The state records administrator shall encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of …

In this chapter, unless the context otherwise requires: 1. "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional sports services contract or endorsement contract. 2. "Athlete agent": a. …

1. Chapter 28-32 applies to this chapter. The secretary of state may adopt rules under chapter 28-32 to implement this chapter. 2. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of proces…