Title 32 — Judicial Remedies

1. For willful and wanton injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such a sum as would compensate for the actual detriment. 2. For negligent injuries to timber, trees, or underwood upon the land of…

In estimating damages, the value of property to a seller thereof is deemed to be the price which the seller could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer and at such time after the breach of the contract as woul…

In estimating damages, except as provided by sections 32-03-33 and 32-03-34, the value of property to a buyer or owner thereof deprived of its possession is deemed to be the price at which the buyer or owner might have bought an equivalent thing in the market nearest to the place…

When certain property has a peculiar value to a person recovering damages for deprivation thereof or injury thereto, that value may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof or against a willful wrongdo…

For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner.

The damages prescribed by this chapter are exclusive of exemplary damages and interest except when those are mentioned expressly.

Notwithstanding the provisions of this chapter, no person can recover a greater amount in damages for the breach of an obligation than the person could have gained by the full performance thereof on both sides, except in the cases wherein exemplary damages or penal damages are au…

Damages in all cases must be reasonable, and when an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages contrary to substantial justice, no more than reasonable damages can be recovered.

When a breach of duty has caused no appreciable detriment to the party affected, the party may recover nominal damages.

Any municipal corporation, county, township, school district, or department of the state of North Dakota, or any person, partnership, corporation, limited liability company, association, or religious organization, whether incorporated or unincorporated, shall be entitled to recov…

Any fireman, policeman, or peace officer who in good faith renders emergency care at the scene of an emergency in this state shall be expected to render only such emergency care as in such person's judgment is at the time indicated and shall not be liable for any civil damages fo…

A person who assists or advises in mitigating or attempting to mitigate the effects of an actual or threatened discharge, leakage, seepage, or other release of materials or substances designated or defined as hazardous by any state or federal law or the rules and regulations of a…

Any person licensed to provide health care services in this state who in good faith voluntarily provides a health care service without compensation or the expectation of compensation for amateur athletes, or at an amateur athletic event, is not liable for any damages resulting fr…

No person may maintain a claim for relief or receive an award for damages on that person's own behalf based on the claim that, but for the act or omission of another, that person would have been aborted. As used in this section, "abortion" means the termination of human pregnancy…

Any person who serves as a director, officer, or trustee of a nonprofit organization that is, or would qualify as a nonprofit organization that is, described in paragraphs 3, 4, 5, 6, 7, 10, and 19 of section 501(c) of the Internal Revenue Code of 1954 as amended [26 U.S.C. 501(c…

Except as provided in section 32-03-46, any person who, on a volunteer basis, provides services or performs duties on behalf of a nonprofit organization is immune from civil liability for any act or omission resulting in damage or injury if at the time of the act or omission all …

1. Any person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team which is organized or performing pursuant to a nonprofit or similar charter is immune from civil liability for any …

1. As used in this section: a. "Architect" means a person registered under chapter 43-03 as an architect. b. "Building inspection official" means any appointed or elected federal, state, or local official with overall executive responsibility to coordinate building inspection in …

As used in sections 32-03-48 through 32-03-50, unless the context otherwise requires: 1. "Critical incident" means any event encountered by emergency service personnel within the scope of their employment which causes them to experience unusually strong emotional reactions that h…

Notwithstanding any other law, any member of a critical incident stress management team is immune from any civil liability for the member's activities in connection with critical incident stress debriefing services unless, based upon the member's level of training, the member's a…

An individual who is injured while boarding or attempting to board a moving locomotive or railroad car, without authority from the owner or operator of the railroad, or who having boarded a locomotive or railroad car without authority from the owner or operator of the railroad, i…

1. No person may buy or otherwise obtain or sell, offer for sale, take or give in exchange, pledge or give in pledge, or use any individual's social security account number, or any derivative of the number, for the purpose of committing fraud or fraudulently using or assuming the…

1. A person is liable for damages as provided in subsection 2 if that person willfully and knowingly damages or destroys any crop, livestock, or commodity which is being produced, or has been produced for: a. Personal or commercial purposes; or b. Testing or research purposes as …

1. In this section, a firearm is defined as in section 62.1-01-01. 2. A firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is not liable to any person or to the estate, a successor, or survivor of any person for any injury suff…

The owner of anhydrous ammonia is immune from civil liability for any loss, damage, or injury from the theft by another or attempted theft by another of anhydrous ammonia from the tank, equipment, or storage facility in which it is contained. For purposes of this section, "owner"…

1. Any person engaged in this state in the business of selling at retail, supplying, handling, or transporting liquefied petroleum gas is immune from civil liability if the direct cause of any loss, damage, or injury was caused by the alteration, modification, or repair of liquef…

1. A person employed or contracted to provide a behavior health service, or any other service, through the 988 suicide and crisis lifeline, 211 information and referral helpline, or 911 system is not liable for any civil damages arising from providing the service to any individua…

Repealed by S.L. 2023, ch. 316, § 2.

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.