N.D. Cent. Code § 22-01-06.4 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-06.4
22-01-06.4. Surety or guarantor may withdraw at any time
Status: repealed

22-01-06.4. Surety or guarantor may withdraw at any time

Repealed by S.L. 1989, ch. 296, § 2.
N.D. Cent. Code § 22-01-07 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-07
22-01-07. Guaranty of contract the terms of which are unsettled - Interpretation
Status: in_force

22-01-07. Guaranty of contract the terms of which are unsettled - Interpretation

In a guaranty of a contract the terms of which are not then settled, it is implied that its terms

shall be such as will not expose the guarantor to greater risks than the guarantor would incur

under those terms which are most common in similar contracts at the place where the principal

contract is to be performed.
N.D. Cent. Code § 22-03-04 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-04
22-03-04. Interpreting contract of suretyship
Status: in_force

22-03-04. Interpreting contract of suretyship

In interpreting the terms of a contract of suretyship, the same rules are to be observed as in

the case of other contracts.
N.D. Cent. Code § 22-01-21 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-21
22-01-21. Discharge of principal by operation of law does not constitute exoneration
Status: in_force

22-01-21. Discharge of principal by operation of law does not constitute exoneration

A guarantor is not exonerated by the discharge of the guarantor's principal by operation of

law without the intervention or omission of the creditor.
N.D. Cent. Code § 22-03-14 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-14
22-03-14. Creditor entitled to security of debtor given to surety
Status: in_force

22-03-14. Creditor entitled to security of debtor given to surety

A creditor is entitled to the benefit of everything which a surety has received from the debtor

by way of security for the performance of the obligation, and upon the maturity of the obligation

the creditor may compel the application of such security to the satisfaction of the obligation.
N.D. Cent. Code § 22-03-10 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-10
22-03-10. Reimbursement of surety by principal - Claims for reimbursement against others
Status: in_force

22-03-10. Reimbursement of surety by principal - Claims for reimbursement against

others.

If a surety satisfies the principal obligation, or any part thereof, with or without legal

proceedings, the principal is bound to reimburse the surety for what the surety has disbursed,

including necessary costs and expenses. A surety has no claim, however, for reimbursement

against other persons though they may have been benefited by the surety's act, except as

prescribed by section 22-03-11.
N.D. Cent. Code § 22-01-06 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-06
22-01-06. Acceptance of offer to guaranty required - Exception in case of absolute guaranty
Status: in_force

22-01-06. Acceptance of offer to guaranty required - Exception in case of absolute

guaranty.

A mere offer to guaranty is not binding until notice of its acceptance is communicated by the

guarantee to the guarantor. An absolute guaranty is binding upon the guarantor without a notice

of acceptance.
N.D. Cent. Code § 22-01-20 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-20
22-01-20. Indemnified guarantor - Liability
Status: in_force

22-01-20. Indemnified guarantor - Liability

A guarantor who has been indemnified by the principal is liable to the creditor to the extent

of the indemnity notwithstanding that the creditor, without the assent of the guarantor, may have

modified the contract or released the principal.
N.D. Cent. Code § 22-01-11 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-11
22-01-11. Liability on conditional obligation - When notice to guarantor required
Status: in_force

22-01-11. Liability on conditional obligation - When notice to guarantor required

The liability of a guarantor who guaranties a conditional obligation is commensurate with

that of the guarantor's principal and the guarantor is not entitled to notice of the default of the

principal unless the guarantor is unable, by the exercise of reasonable diligence, to acquire

information of such default and the creditor has actual notice thereof.
N.D. Cent. Code § 22-01-01 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-01
22-01-01. Definitions
Status: in_force

22-01-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. A "continuing guaranty" means a guaranty relating to a future liability of the principal

under successive transactions which either continue the liability or from time to time

renew it after it has been satisfied.

2. A "guaranty" means a promise to answer for the debt, default, or miscarriage of

another person.
N.D. Cent. Code § 22-01-14 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-14
22-01-14. Revocation of continuing guaranty
Status: in_force

22-01-14. Revocation of continuing guaranty

A continuing guaranty may be revoked at any time by the guarantor in respect to future

transactions unless there is a continuing consideration as to such transactions which the

guarantor does not renounce. If the contract of guaranty signed by the guarantor so states, the

revocation must be in writing and delivered to the guarantee. If the contract does not so state,

an oral attempt to revoke is not effective if at the time of the oral communication the guarantee

requests delivery of a written revocation and confirms the request in writing.
N.D. Cent. Code § 22-03-08 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-08
22-03-08. Surety may require creditors to proceed against principal
Status: in_force

22-03-08. Surety may require creditors to proceed against principal

A surety may require the surety's creditor to proceed against the principal or to pursue any

other remedy in the creditor's power which the surety cannot pursue and which would lighten

the surety's burden. If the creditor neglects to do so, the surety is exonerated to the extent to

which the surety is prejudiced by such neglect.
N.D. Cent. Code § 22-01-12 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-12
22-01-12. Limitations upon obligation of guarantor
Status: in_force

22-01-12. Limitations upon obligation of guarantor

The obligation of a guarantor must be neither larger in amount, nor in other respects more

burdensome, than that of the principal. A stockholder or partner of any entity, including a limited

liability company, business corporation, professional corporation, and partnership, may enter

into a separate contract of guaranty for the real estate mortgage debt of the entity. If in its terms

the obligation exceeds that of the principal, the obligation is reducible in proportion to the

principal obligation.
N.D. Cent. Code § 22-02-01 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-01
22-02-01. Indemnity defined
Status: in_force

22-02-01. Indemnity defined

Indemnity is a contract by which one engages to save another from a legal consequence of

the conduct of one of the parties or of some other person.
N.D. Cent. Code § 22-01-17 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-17
22-01-17. Guarantor liability not revived after exoneration
Status: in_force

22-01-17. Guarantor liability not revived after exoneration

The rescission of an agreement altering the original obligation of a debtor or impairing the

remedy of a creditor does not restore the liability of a guarantor who has been exonerated by

such agreement.
N.D. Cent. Code § 22-01-08 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-08
22-01-08. Guaranty of solvency - Failure to take proceedings to collect - Removal of principal from state
Status: in_force

22-01-08. Guaranty of solvency - Failure to take proceedings to collect - Removal of

principal from state.

A guaranty to the effect that an obligation is good or is collectible imports that the debtor is

solvent and that the demand is collectible by the usual legal proceedings if the same are taken

with reasonable diligence. Such a guaranty is not discharged by any omission to take

proceedings upon the principal debt or upon any collateral security for its payment if no part of

the debt could have been collected thereby. The removal of the principal from the state, leaving

no property therein from which the obligation might be satisfied, is equivalent to the insolvency

of the principal in its effect upon the rights and obligations of the guarantor.
N.D. Cent. Code § 22-02-08 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-08
22-02-08. Engagement to answer for violation of duty of another - Reimbursement
Status: in_force

22-02-08. Engagement to answer for violation of duty of another - Reimbursement

When one person at the request of another person engages to answer in damages, whether

liquidated or unliquidated, for any violation of duty on the part of the latter, the former is entitled

to be reimbursed in the same manner as a surety for whatever the former may pay.
N.D. Cent. Code § 22-02-09 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-09
22-02-09. When sureties in indemnity contracts called bail - Provisions governing bail
Status: in_force

22-02-09. When sureties in indemnity contracts called bail - Provisions governing

bail.

Upon those contracts of indemnity which are taken in legal proceedings as security for the

performance of an obligation imposed or declared by the tribunals and known as undertakings

or recognizances, the sureties are called bail.
N.D. Cent. Code § 22-02-02 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-02
22-02-02. When indemnity against unlawful act void
Status: in_force

22-02-02. When indemnity against unlawful act void

An agreement to indemnify a person against an act thereafter to be done is void if the act is

known by such person at the time of doing it to be unlawful.
N.D. Cent. Code § 22-03-02 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-02
22-03-02. Surety appearing as principal may show status as surety - Exception
Status: in_force

22-03-02. Surety appearing as principal may show status as surety - Exception

One who appears to be a principal, whether by the terms of a written instrument or

otherwise, may show that the person in fact is a surety except as against persons who have

acted on the faith of that person's apparent character of principal.
N.D. Cent. Code § 22-03-05 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-05
22-03-05. Suretyship survives judgment
Status: in_force

22-03-05. Suretyship survives judgment

A surety still occupies the position of surety even though a creditor recovers a judgment

against the surety.
N.D. Cent. Code § 22-01-02 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-02
22-01-02. Knowledge or consent of principal unnecessary to guaranty
Status: in_force

22-01-02. Knowledge or consent of principal unnecessary to guaranty

A person may become a guarantor without the knowledge or consent of the principal.
N.D. Cent. Code § 22-01-18 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-18
22-01-18. Reduction of obligation by partial performance
Status: in_force

22-01-18. Reduction of obligation by partial performance

The acceptance by a creditor of anything in partial satisfaction of an obligation reduces the

obligation of a guarantor thereof in the same measure as that of the principal, but does not

otherwise affect it.
N.D. Cent. Code § 22-03-12 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-12
22-03-12. Security to which surety is entitled - Subrogation
Status: in_force

22-03-12. Security to which surety is entitled - Subrogation

A surety is entitled to the benefit of every security for the performance of the principal

obligation held by the creditor or by a cosurety at the time of entering into the contract of

suretyship or acquired by the surety afterwards, whether the surety was aware of the security or

not.
N.D. Cent. Code § 22-02-07 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-07
22-02-07. Rules applied in interpretation of a contract of indemnity
Status: in_force

22-02-07. Rules applied in interpretation of a contract of indemnity

In the interpretation of a contract of indemnity, unless a contrary intention appears, the

following rules are to be applied:

1. Upon an indemnity against liability, expressly or in other equivalent terms, the person

indemnified is entitled to recover upon becoming liable.

2. Upon an indemnity against claims, demands, damages, or costs, expressly or in other

equivalent terms, the person indemnified is not entitled to recover without payment

thereof.

3. An indemnity against claims, demands, or liability, expressly or in other equivalent

terms, embraces the costs of defense against such claims, demands, or liability

incurred in good faith and in the exercise of reasonable discretion.

4. The person indemnifying is bound, on the request of the person indemnified, to defend

actions or proceedings brought against the latter in respect to the matters embraced

by the indemnity, but the person indemnified has the right to conduct such defense if

that person chooses to do so.

5. If, after request, the person indemnifying neglects to defend the person indemnified, a

recovery against the latter, suffered by the latter in good faith, is conclusive in the

latter's favor against the former.

6. If the person indemnifying, whether that person is a principal or a surety in the

agreement, has not had reasonable notice of action or proceedings against the person

indemnified or is not allowed to control its defense, judgment against the latter is only

presumptive evidence against the former.

7. A stipulation that a judgment against the person indemnified shall be conclusive upon

the person indemnifying is inapplicable if the person indemnifying had a good defense

upon the merits which, by want of ordinary care, the person indemnifying failed to

establish in the action.
N.D. Cent. Code § 22-01-13 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-13
22-01-13. Nonliability of guarantor on unlawful contract - Personal disability of principal
Status: in_force

22-01-13. Nonliability of guarantor on unlawful contract - Personal disability of

principal.

A guarantor is not liable if the contract of the principal is unlawful, but the guarantor is liable

notwithstanding any mere personal disability of the principal even though the disability is such

as to make the contract void as against the principal.
N.D. Cent. Code § 22-01-06.2 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-06.2
22-01-06.2. Surety or guarantor may withdraw within ten days
Status: repealed

22-01-06.2. Surety or guarantor may withdraw within ten days

Repealed by S.L. 1989, ch. 296, § 2.
N.D. Cent. Code § 22-03-13 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-13
22-03-13. Property of surety and principal hypothecated - Property of principal applied to discharge of obligation
Status: in_force

22-03-13. Property of surety and principal hypothecated - Property of principal

applied to discharge of obligation.

Whenever property of a surety is hypothecated with the property of the principal, the surety

is entitled to have the property of the principal first applied to the discharge of the obligation.
N.D. Cent. Code § 22-02-05 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-05
22-02-05. Indemnification of several persons includes each person
Status: in_force

22-02-05. Indemnification of several persons includes each person

An agreement to indemnify several persons applies to each unless a contrary intention

appears.
N.D. Cent. Code § 22-01-04 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-04
22-01-04. Guaranty to be in writing - Exception - Consideration need not be expressed
Status: in_force

22-01-04. Guaranty to be in writing - Exception - Consideration need not be

expressed.

Except when a guaranty is deemed an original obligation as provided in section 22-01-05, a

guaranty must be in writing and signed by the guarantor, but the writing need not express a

consideration.
N.D. Cent. Code § 22-03-07 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-07
22-03-07. Rights of surety same as rights of guarantor
Status: in_force

22-03-07. Rights of surety same as rights of guarantor

A surety has all the rights of a guarantor whether the surety becomes personally

responsible or not.
N.D. Cent. Code § 22-03-01 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-01
22-03-01. Surety defined
Status: in_force

22-03-01. Surety defined

A surety is one who, at the request of another and for the purpose of securing to the latter a

benefit, becomes responsible for the performance by the latter of some act in favor of a third

person or hypothecates property as security therefor.
N.D. Cent. Code § 22-01-06.3 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-06.3
22-01-06.3. When account furnished surety or guarantor
Status: in_force

22-01-06.3. When account furnished surety or guarantor

When a manufacturer, wholesaler, or distributor furnishes merchandise to any agent,

salesman, or dealer whose execution of bond or obligation to the manufacturer, wholesaler, or

distributor has been joined in by a surety or guarantor, the manufacturer, wholesaler, or

distributor upon written request by the surety or guarantor, shall furnish each surety or guarantor

either by mail or personal delivery a statement each month during the life of the bond or

obligation showing the debit and credit items incurred and made in the account between the

manufacturer, wholesaler, or distributor and the agent, salesman, or dealer during the

immediately preceding month and the exact balance owing from the agent, salesman, or dealer

thereon at the date of the notice.
N.D. Cent. Code § 22-02-10 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-10
22-02-10. Indemnity agreement in motor carrier transportation contracts void
Status: in_force

22-02-10. Indemnity agreement in motor carrier transportation contracts void

1. As used in this section:

a. "Motor carrier transportation contract" means a contract, agreement, or

understanding covering the transportation of property for compensation or hire by

the motor carrier; entrance on property by the motor carrier for the purpose of

loading, unloading, or transporting property for compensation or hire; or a service

incidental to activity described in this subdivision, including storage of property.

The term does not include the uniform intermodal interchange and facilities

access agreement administered by the intermodal association of North America

or any other agreement providing for the interchange, use, or possession of

intermodal chassis, containers, or other intermodal equipment.

b. "Promisee" includes any agent, employee, servant, or independent contractor

who is directly responsible to the promisee. The term does not include a motor

carrier that is party to a motor carrier transportation contract with the promisee,

and does not include that motor carrier's agent, employee, servant, or

independent contractor directly responsible to that motor carrier.

2. Notwithstanding any provision of law to the contrary, any portion of a provision, clause,

covenant, or agreement contained in, collateral to, or affecting a motor carrier contract

which purports to indemnify, defend, or hold harmless, or has the effect of

indemnifying, defending, or holding harmless, the promisee from or against any liability

for loss or damage resulting from the negligence or intentional acts or omissions of the

promisee is void and unenforceable to the extent that the loss or damage:

a. Occurs during the motor carrier's presence on the promisee's premises and is

caused by or results from the negligent or intentional acts or omissions of the

promisee; or

b. Is caused by or results from defects of the equipment used to transport the

promisee's property, unless the defects:

(1) Relate to equipment owned by the motor carrier or as to which the motor

carrier has the responsibility to visually and audibly check before use; or

(2) Were caused by or resulted from the negligent or intentional acts or

omissions of the motor carrier or the motor carrier's agency, employee,

vendor, or subcontractor.

3. Under subsection 2, the motor carrier is responsible to visually and audibly check

before use of equipment as listed in exhibit A of the uniform intermodal interchange

and facilities access agreement that was in effect on November 4, 2008.
N.D. Cent. Code § 22-03-09 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-09
22-03-09. Surety may compel principal to perform obligation when due
Status: in_force

22-03-09. Surety may compel principal to perform obligation when due

A surety may compel the surety's principal to perform the obligation when due.
N.D. Cent. Code § 22-01-10 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-10
22-01-10. Guarantor of payment is liable upon default of principal - Demand or notice not required
Status: in_force

22-01-10. Guarantor of payment is liable upon default of principal - Demand or notice

not required.

A guarantor of payment or performance is liable to the guarantee immediately upon the

default of the principal and without a demand or notice.
N.D. Cent. Code § 22-03-06 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-06
22-03-06. Exoneration of surety - Methods
Status: in_force

22-03-06. Exoneration of surety - Methods

A surety is exonerated:

1. In like manner with a guarantor;

2. By performance of the principal obligation or tender of such performance duly made as

provided in this code;

3. To the extent to which the surety is prejudiced by any act of the creditor which would

naturally prove injurious to the remedies of the surety or inconsistent with the surety's

rights, or which lessens the surety's security; or

4. To the extent to which the surety is prejudiced by an omission of the creditor to do

anything when required by the surety which it is the creditor's duty to do.
N.D. Cent. Code § 22-02-06 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-06
22-02-06. Indemnitor jointly and separately liable
Status: in_force

22-02-06. Indemnitor jointly and separately liable

One who indemnifies another person against an act to be done by the latter is liable jointly

with the person indemnified and separately to every person injured by such act.
N.D. Cent. Code § 22-03-15 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-15
22-03-15. Joint control over moneys and assets of fiduciary
Status: in_force

22-03-15. Joint control over moneys and assets of fiduciary

It is lawful for any party of whom a bond, undertaking, or other obligation is required, to

agree with that party's surety or sureties for the deposit of any or all moneys and assets for

which that party and that party's surety or sureties are or may be held responsible, with a bank,

savings bank, safe deposit or trust company, authorized by law to do business as such, or with

other depository approved by the court or a judge thereof, if such deposit is otherwise proper,

for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or

assets or any part thereof, without the written consent of such surety or sureties, or an order of

court, or a judge thereof made on such notice to such surety or sureties as such court or judge

may direct. Such agreement does not in any manner release from or change the liability of the

principal or sureties as established by the terms of the said bond.
N.D. Cent. Code § 22-01-19 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-19
22-01-19. Delay on creditor's part does not exonerate guarantor
Status: in_force

22-01-19. Delay on creditor's part does not exonerate guarantor

Mere delay on the part of a creditor to proceed against the principal or to enforce any other

remedy does not exonerate a guarantor.
N.D. Cent. Code § 22-02-03 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-03
22-02-03. Indemnity against wrongful act done is valid - Exception
Status: in_force

22-02-03. Indemnity against wrongful act done is valid - Exception

An agreement to indemnify a person against an act already done is valid, even though the

act was known to be wrongful, unless it was a felony.
N.D. Cent. Code § 22-01-06.5 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-06.5
22-01-06.5. Public policy
Status: repealed

22-01-06.5. Public policy

Repealed by S.L. 1989, ch. 296, § 2.
N.D. Cent. Code § 22-02-04 — ND Code / Title 22 / Chapter 22-02 / Section 22-02-04
22-02-04. Indemnity against acts of certain person includes agents
Status: in_force

22-02-04. Indemnity against acts of certain person includes agents

An agreement to indemnify against the acts of a certain person applies not only to that

person's acts and their consequences, but also to those of that person's agents.
N.D. Cent. Code § 22-01-05 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-05
22-01-05. When a guaranty need not be in writing
Status: in_force

22-01-05. When a guaranty need not be in writing

A promise to answer for the obligation of another in any of the following cases is deemed an

original obligation of the promisor and need not be in writing:

1. When the promise is made by one who has received property of another upon an

undertaking to apply it pursuant to such promise, or by one who has received a

discharge from an obligation in whole or in part in consideration of such promise.

2. When the creditor parts with value or enters into an obligation in consideration of the

obligation in respect to which the promise is made, in terms or under circumstances

which render the party making the promise the principal debtor and the person in

whose behalf it is made the debtor's surety.

3. When the promise, being for an antecedent obligation of another, is made upon the

consideration that the party receiving it shall cancel the antecedent obligation and

accept the new promise as a substitute therefor, or upon the consideration that the

party receiving it shall release the property of another from a levy under an execution

on a judgment obtained upon the antecedent obligation, or upon a consideration

beneficial to the promisor, whether moving from either party to the antecedent

obligation or from another person.

4. When a factor undertakes, for a commission, to sell merchandise and guarantee the

sale.

5. When the holder of an instrument for the payment of money upon which a third person

is or may become liable to the holder transfers the instrument in payment of a

precedent debt of the holder's, or for a new consideration, and in connection with such

transfer, enters into a promise respecting such instrument.
N.D. Cent. Code § 22-01-09 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-09
22-01-09. Guaranty deemed unconditional - Exception
Status: in_force

22-01-09. Guaranty deemed unconditional - Exception

A guaranty is to be deemed unconditional unless its terms import some condition precedent

to the liability of the guarantor.
N.D. Cent. Code § 22-03-11 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-11
22-03-11. Remedies of surety - Contribution from cosureties
Status: in_force

22-03-11. Remedies of surety - Contribution from cosureties

A surety, upon satisfying the obligations of the principal, is entitled to enforce every remedy

which the creditor then has against the principal, to the extent of reimbursing what the surety

has expended, and also to require all of the surety's cosureties to contribute thereto without

regard to the order of time in which they became such.
N.D. Cent. Code § 22-01-15 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-15
22-01-15. When guarantor exonerated
Status: in_force

22-01-15. When guarantor exonerated

A guarantor is exonerated, except insofar as the guarantor may be indemnified by the

principal, if, by any act of the creditor without the consent of the guarantor:

1. The original obligation of the principal is altered in any respect; or

2. The remedies or rights of the creditor against the principal in respect thereto are

impaired or suspended in any manner.
N.D. Cent. Code § 22-01-06.1 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-06.1
22-01-06.1. When notice of acceptance to guarantor or surety required
Status: repealed

22-01-06.1. When notice of acceptance to guarantor or surety required

Repealed by S.L. 1989, ch. 296, § 2.
N.D. Cent. Code § 22-03-03 — ND Code / Title 22 / Chapter 22-03 / Section 22-03-03
22-03-03. Limitations on liability of surety
Status: in_force

22-03-03. Limitations on liability of surety

A surety cannot be held beyond the express terms of the surety's contract and if such

contract prescribes a penalty for its breach, the surety cannot be liable in any case for more

than the penalty.
N.D. Cent. Code § 22-01-03 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-03
22-01-03. Original obligation sufficient consideration - Exception
Status: in_force

22-01-03. Original obligation sufficient consideration - Exception

When a guaranty is entered into at the same time as the original obligation or at the same

time as the acceptance of the original obligation by the guarantee and forms, with that

obligation, a part of the consideration to the guarantee, no other consideration is necessary. In

all other cases there must be a consideration distinct from that of the original obligation.
N.D. Cent. Code § 22-01-16 — ND Code / Title 22 / Chapter 22-01 / Section 22-01-16
22-01-16. Void or voidable promise of creditor does not exonerate
Status: in_force

22-01-16. Void or voidable promise of creditor does not exonerate

A promise by a creditor, which for any cause is void or voidable by the creditor at the

creditor's option, does not alter the obligation nor suspend nor impair the remedy within the

meaning of section 22-01-15.