N.D. Cent. Code § 9-03-20 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-20
9-03-20. Acts constituting acceptance
Status: in_force

9-03-20. Acts constituting acceptance

Performance of the conditions of a proposal, or the acceptance of the consideration offered

with a proposal, is an acceptance of the proposal.
N.D. Cent. Code § 9-15.2-11 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-11
9-15.2-11. Student-athlete's right to cancel
Status: in_force

9-15.2-11. Student-athlete's right to cancel

1. A student-athlete or, if the athlete is a minor, the parent or guardian of the athlete may

cancel an agency contract by giving notice in a record of cancellation to the athlete

agent not later than fourteen days after the contract is signed.

2. A student-athlete or, if the athlete is a minor, the parent or guardian of the athlete may

not waive the right to cancel an agency contract.

3. If a student-athlete or parent or guardian cancels an agency contract, the athlete or

parent or guardian is not required to pay any consideration under the contract or return

any consideration received from the athlete agent to influence the athlete to enter into

the contract.
N.D. Cent. Code § 9-15.2-04 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-04
9-15.2-04. Registration as athlete agent - Application - Requirements - Reciprocal registration
Status: in_force

9-15.2-04. Registration as athlete agent - Application - Requirements - Reciprocal

registration.

1. An applicant for registration as an athlete agent shall submit an application for

registration to the secretary of state in a form prescribed by the secretary of state. The

applicant must be an individual, and the application must be signed by the applicant

under penalty of perjury. The application must contain at least the following:

a. The name and date and place of birth of the applicant and the following contact

information for the applicant:

(1) The address of the applicant's principal place of business;

(2) Work and mobile telephone numbers; and

(3) Any means of communicating electronically, including a facsimile number,

electronic mail, and personal and business or employer websites;

b. The name of the applicant's business or employer, if applicable, including for

each business or employer, its mailing address, telephone number, organization

form, and the nature of the business;

c. Each social media account with which the applicant or the applicant's business or

employer is affiliated;

d. Each business or occupation in which the applicant engaged within five years

before the date of the application, including self-employment and employment by

others, and any professional or occupational license, registration, or certification

held by the applicant during that time;

e. A description of the applicant's:

(1) Formal training as an athlete agent;

(2) Practical experience as an athlete agent; and

(3) Educational background relating to the applicant's activities as an athlete

agent;

f. The name of each student-athlete for whom the applicant acted as an athlete

agent within five years before the date of the application or, if the individual is a

minor, the name of the parent or guardian of the minor, together with the athlete's

sport and last-known team;

g. The name and address of each person that:

(1) Is a partner, member, officer, manager, associate, or profit sharer or directly

or indirectly holds an equity interest of five percent or greater of the athlete

agent's business if it is not a corporation; and

(2) Is an officer or director of a corporation employing the athlete agent or a

shareholder having an interest of five percent or greater in the corporation;

h. A description of the status of any application by the applicant, or any person

named under subdivision g, for a state or federal business, professional, or

occupational license, other than as an athlete agent, from a state or federal

agency, including any denial, refusal to renew, suspension, withdrawal, or

termination of the license and any reprimand or censure related to the license;

i. Whether the applicant, or any person named under subdivision g, has pleaded

guilty or no contest to, has been convicted of, or has charges pending for, a crime

that would involve moral turpitude or be a felony if committed in this state and, if

so, identification of:

(1) The crime;

(2) The law enforcement agency involved; and

(3) If applicable, the date of the conviction and the fine or penalty imposed;

j. Whether, within fifteen years before the date of application, the applicant, or any

person named under subdivision g, has been a defendant or respondent in a civil

proceeding, including a proceeding seeking an adjudication of legal

incompetence and, if so, the date and a full explanation of each proceeding;

k. Whether the applicant, or any person named under subdivision g, has an

unsatisfied judgment or a judgment of continuing effect, including spousal support

or a domestic order in the nature of child support, which is not current at the date

of the application;

l. Whether, within ten years before the date of application, the applicant, or any

person named under subdivision g, was adjudicated bankrupt or was an owner of

a business that was adjudicated bankrupt;

m. Whether there has been any administrative or judicial determination that the

applicant, or any person named under subdivision g, made a false, misleading,

deceptive, or fraudulent representation;

n. Each instance in which conduct of the applicant, or any person named under

subdivision g, resulted in the imposition of a sanction, suspension, or declaration

of ineligibility to participate in an interscholastic, intercollegiate, or professional

athletic event on a student-athlete or a sanction on an educational institution;

o. Each sanction, suspension, or disciplinary action taken against the applicant, or

any person named under subdivision g, arising out of occupational or

professional conduct;

p. Whether there has been a denial of an application for, suspension or revocation

of, refusal to renew, or abandonment of, the registration of the applicant, or any

person named under subdivision g, as an athlete agent in any state;

q. Each state in which the applicant currently is registered as an athlete agent or

has applied to be registered as an athlete agent;

r. If the applicant is certified or registered by a professional league or players

association:

(1) The name of the league or association;

(2) The date of certification or registration, and the date of expiration of the

certification or registration, if any; and

(3) If applicable, the date of any denial of an application for, suspension or

revocation of, refusal to renew, withdrawal of, or termination of, the

certification or registration or any reprimand or censure related to the

certification or registration; and

s. Any additional information required by the secretary of state.

2. Instead of proceeding under subsection 1, an individual registered as an athlete agent

in another state may apply for registration as an athlete agent in this state by

submitting to the secretary of state:

a. A copy of the application for registration in the other state;

b. A statement that identifies any material change in the information on the

application or verifies there is no material change in the information, signed under

penalty of perjury; and

c. A copy of the certificate of registration from the other state.

3. The secretary of state shall issue a certificate of registration to an individual who

applies for registration under subsection 2 if the secretary of state determines:

a. The application and registration requirements of the other state are substantially

similar to or more restrictive than this chapter; and

b. The registration has not been revoked or suspended and no action involving the

individual's conduct as an athlete agent is pending against the individual or the

individual's registration in any state.

4. For purposes of implementing subsection 3, the secretary of state may:

a. Cooperate with national organizations concerned with athlete agent issues and

agencies in other states which register athlete agents to develop a common

registration form and determine which states have laws that are substantially

similar to or more restrictive than this chapter; and

b. Exchange information, including information related to actions taken against

registered athlete agents or their registrations, with those organizations and

agencies.
N.D. Cent. Code § 9-11-06 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-06
9-11-06. Ratable proportion of benefits awarded to debtor
Status: in_force

9-11-06. Ratable proportion of benefits awarded to debtor

If performance of an obligation is prevented by any cause excusing performance, other than

the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which

the debtor would have been entitled upon full performance according to the benefit which the

creditor receives from the actual performance.
N.D. Cent. Code § 9-07-15 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-15
9-07-15. Clauses subordinate to general intent
Status: in_force

9-07-15. Clauses subordinate to general intent

Particular clauses of a contract are subordinate to its general intent.
N.D. Cent. Code § 9-08-09 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-09
9-08-09. Rescission of contract for damages for personal injuries
Status: in_force

9-08-09. Rescission of contract for damages for personal injuries

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

mentioned in section 9-08-08, by a notice in writing to that effect. The bringing of an action to

recover damages for such injuries avoids any such settlement or adjustment. Whenever an

action is commenced within the period of time herein limited to recover such damages, the

amount received by the injured person, or the injured person's representative, in case of the

injured person's death, in any such settlement or adjustment is not a bar to the prosecution of

the action but may be set up as an offset or counterclaim to the amount of damages

recoverable, if any, or applied toward payment of any judgment recovered in any such action if

such amount so received by the injured person or the injured person's representative has not

been pleaded specifically as an offset or counterclaim.
N.D. Cent. Code § 9-13-07 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-07
9-13-07. Part performance accepted in writing extinguishes obligation
Status: in_force

9-13-07. Part performance accepted in writing extinguishes obligation

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.
N.D. Cent. Code § 9-12-23 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-23
9-12-23. Performance after due date
Status: in_force

9-12-23. Performance after due date

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 prejudice to any rights acquired by the creditor or by any other person in the meantime.
N.D. Cent. Code § 9-07-20 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-20
9-07-20. Stipulations necessary to make contract reasonable implied
Status: in_force

9-07-20. Stipulations necessary to make contract reasonable implied

Stipulations which are necessary to make a contract reasonable or conformable to usage

are implied in respect to matters concerning which the contract manifests no contrary intention.
N.D. Cent. Code § 9-06-10 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-10
9-06-10. How seal affixed
Status: repealed

9-06-10. How seal affixed

Repealed by S.L. 1973, ch. 80, § 21.
N.D. Cent. Code § 9-01-13 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-13
9-01-13. Condition subsequent defined
Status: in_force

9-01-13. Condition subsequent defined

A condition subsequent is a condition referring to a future event, upon the happening of

which the obligation becomes no longer binding upon the other party if that party chooses to

apply that condition.
N.D. Cent. Code § 9-12-28 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-28
9-12-28. Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or relating to the title to real property
Status: in_force

9-12-28. Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or

relating to the title to real property.

Any lien, encumbrance, or cloud affecting or related to the title to real property, when the

only obligation concerns the payment of a sum certain in money to a specified creditor when the

creditor, or the creditor's heirs, successors, or assigns cannot be located, may be extinguished

as provided by this section and section 9-12-29. The debtor shall deposit with the county

treasurer the debtor's affidavit to the effect that the debtor has made a careful, diligent, and

good-faith search for the creditor and the creditor cannot be found. The debtor shall also deposit

with the county treasurer the full amount of the debt, including all interest accumulated to the

date of the deposit. The affidavit together with notice of the deposit, specifying the amount of the

deposit, specifying that the purpose of the deposit is to discharge the lien, encumbrance, or

cloud, and specifically describing the real property, must be published at the expense of the

debtor once a week for three successive weeks in the official county newspaper in all counties

in which the real property is situated.
N.D. Cent. Code § 9-08-02.1 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-02.1
9-08-02.1. Contracts against liability for errors or omissions - Void
Status: in_force

9-08-02.1. Contracts against liability for errors or omissions - Void

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. Cent. Code § 9-07-18 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-18
9-07-18. Inconsistent words rejected
Status: in_force

9-07-18. Inconsistent words rejected

Words in a contract which are inconsistent with its nature or with the main intention of the

parties are to be rejected.
N.D. Cent. Code § 9-07-13 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-13
9-07-13. Contract extends only to things to be covered
Status: in_force

9-07-13. Contract extends only to things to be covered

However broad may be the terms of a contract, it extends only to those things concerning

which it appears that the parties intended to contract.
N.D. Cent. Code § 9-15.2-01 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-01
9-15.2-01. Definitions
Status: in_force

9-15.2-01. Definitions

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. Means an individual, whether or not registered under this chapter, who:

(1) Directly or indirectly recruits or solicits a student-athlete to enter an agency

contract or, for compensation, procures employment or offers, promises,

attempts, or negotiates to obtain employment for a student-athlete as a

professional athlete or member of a professional sports team or

organization;

(2) For compensation or in anticipation of compensation related to a

student-athlete's participation in athletics:

(a) Serves the athlete in an advisory capacity on a matter related to

finances, business pursuits, or career management decisions, unless

the individual is an employee of an educational institution acting

exclusively as an employee of the institution for the benefit of the

institution; or

(b) Manages the business affairs of the athlete by providing assistance

with bills, payments, contracts, or taxes; or

(3) In anticipation of representing a student-athlete for a purpose related to the

athlete's participation in athletics:

(a) Gives consideration to the student-athlete or another person;

(b) Serves the athlete in an advisory capacity on a matter related to

finances, business pursuits, or career management decisions; or

(c) Manages the business affairs of the athlete by providing assistance

with bills, payments, contracts, or taxes; but

b. Does not include an individual who:

(1) Acts solely on behalf of a professional sports team or organization; or

(2) Is a licensed, registered, or certified professional and offers or provides

services to a student-athlete customarily provided by members of the

profession, unless the individual:

(a) Also recruits or solicits the athlete to enter into an agency contract;

(b) Also, for compensation, procures employment or offers, promises,

attempts, or negotiates to obtain employment for the athlete as a

professional athlete or member of a professional sports team or

organization; or

(c) Receives consideration for providing the services calculated using a

different method than for an individual who is not a student-athlete.

3. "Athletic director" means the individual responsible for administering the overall

athletic program of an educational institution or, if an educational institution has

separately administered athletic programs for male students and female students, the

athletic program for males or the athletic program for females, as appropriate.

4. "Educational institution" includes a public or private elementary school, secondary

school, technical or vocational school, community college, college, and university.

5. "Endorsement contract" means an agreement under which a student-athlete is

employed or receives consideration to use on behalf of the other party any value that

the athlete may have because of publicity, reputation, following, or fame obtained

because of athletic ability or performance.

6. "Enrolled or enrolls" means registered for courses and attending athletic practice or

class.

7. "Intercollegiate sport" means a sport played at the collegiate level for which eligibility

requirements for participation by a student-athlete are established by a national

association that promotes or regulates collegiate athletics.

8. "Interscholastic sport" means a sport played between educational institutions that are

not community colleges, colleges, or universities.

9. "Licensed, registered, or certified professional" means an individual licensed,

registered, or certified as an attorney, dealer in securities, financial planner, insurance

agent, real estate broker or sales agent, tax consultant, accountant, or member of a

profession, other than that of athlete agent, who is licensed, registered, or certified by

the state or a nationally recognized organization that licenses, registers, or certifies

members of the profession on the basis of experience, education, or testing.

10. "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or other legal

entity.

11. "Professional sports services contract" means an agreement under which an individual

is employed as a professional athlete or agrees to render services as a player on a

professional sports team or with a professional sports organization.

12. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

13. "Recruit or solicit" means an attempt to influence the choice of an athlete agent by a

student-athlete or, if the athlete is a minor, a parent or guardian of the athlete. The

term does not include giving advice on the selection of a particular agent in a family,

coaching, or social situation unless the individual giving the advice does so because of

the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the

agent.

14. "Registration" means registration as an athlete agent under this chapter.

15. "Sign" means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

16. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

17. "Student-athlete" means an individual who is eligible to attend an educational

institution and engages in, is eligible to engage in, or may be eligible in the future to

engage in, an interscholastic or intercollegiate sport. The term does not include an

individual permanently ineligible to participate in a particular interscholastic or

intercollegiate sport for that sport.
N.D. Cent. Code § 9-14-09 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-09
9-14-09. Remedies and enforcement
Status: in_force

9-14-09. Remedies and enforcement

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 unenforceable against the customer as contrary

to public policy; provided, that no contract is unenforceable if the invention developer

proves that noncompliance was unintentional and resulted from a bona fide error in

spite of the developer's use of reasonable procedures adopted to avoid any such

errors, and if the developer makes an appropriate correction.

3. Any contract for invention development services entered into by a customer with an

invention developer who has used any fraud, false pretense, false promise,

misrepresentation, misleading statement, or deceptive practice in respect to that

customer with the intent that the customer rely thereon, whether or not the customer

was in fact misled, deceived, or damaged, is unenforceable against the customer.

4. Any waiver by the customer of the provisions of this chapter is contrary to public policy

and is void and unenforceable.

5. Any person who has been injured by a violation of this chapter by an invention

developer, by any false or fraudulent statement, representation, or omission of material

fact by an invention developer or by failure of an invention developer to make all the

disclosures required by this chapter may bring a civil action against the invention

developer for the damages sustained together with costs and disbursements, including

reasonable attorney's fees. The court in its discretion may increase the award of

damages to an amount not to exceed three times the damages sustained.

6. Failure to make the disclosures required by section 9-14-05 renders any contract

subsequently entered into between the customer and the invention developer voidable

by the customer.
N.D. Cent. Code § 9-14-04 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-04
9-14-04. Mandatory contract form
Status: in_force

9-14-04. Mandatory contract form

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 that contains no other writing:

The following disclosures are required by law and are expressly made a part

of this contract: You have the right to cancel this contract for any reason at any

time within three business days from the date you and the invention developer

sign the contract and you receive a fully executed copy of it. To exercise this

option you need only mail or personally deliver to this invention developer written

notice of your cancellation. The method and time for notification is set forth in this

contract immediately above the place for your signature. Upon cancellation, the

invention developer must return by mail or personal delivery, within ten business

days after receipt of the cancellation notice, all money paid and all materials

provided either by you or by another party in your behalf.

Unless the invention developer is an attorney or patent agent registered with

the United States patent office, the invention developer is not permitted to give

you legal advice concerning patent, copyright, or trademark law or to advise you

of whether your idea or invention may be patentable or may be protected under

the patent, copyright, or trademark laws of the United States or any other law.

No patent, copyright, or trademark protection will be acquired for you by the

invention developer or by this contract. Your failure to inquire into the law

governing patent, copyright, or trademark matters may jeopardize your rights in

your idea or invention both in the United States and in foreign countries. Your

failure to identify and investigate existing patents, trademarks, or registered

copyrights may place you in jeopardy of infringing the copyrights, patent rights, or

trademark rights of other persons if you proceed to make, use, distribute, or sell

your idea or invention.

3. The contract must describe fully and in detail the acts or services that the invention

developer contracts to perform for the customer.

4. The contract must state whether the invention developer contracts to construct one or

more prototypes, models, or devices embodying the customer's invention, the number

of such prototypes to be constructed, and whether the invention developer contracts to

sell or distribute such prototypes, models, or devices.

5. If an oral or written estimate of customer earnings is made, the contract must state the

estimate and the data upon which it is based.

6. In a single statement the contract must set forth both the total number of customers

who have contracted with the invention developer, except that the number need not

reflect those customers who have contracted within the last thirty days, and the

number of customers who have received, by virtue of the invention developer's

performance of invention development services, an amount of money in excess of the

amount of money paid by such customers to the invention developer pursuant to a

contract for invention development services.

7. The contract must state the expected date of completion of the invention development

services.

8. The contract must state whether and the extent to which it effectuates or makes

possible the purchase by the invention developer of an interest in the title to the

customer's invention.

9. The contract must explain that the invention developer is required to maintain all

records and correspondence relating to performance of the invention development

services for that customer for a period not less than three years after expiration of the

term of the contract for invention development services.

10. The contract must state that the records and correspondence required to be

maintained pursuant to section 9-14-08 will be made available to the customer or the

customer's representative for review and copying at the customer's expense on the

invention developer's premises during normal business hours upon seven days' written

notice, the time period to begin from the date the notice is placed in the United States

mail properly addressed and first-class postage prepaid.

11. The contract must state the name of the person or firm contracting to perform the

invention development services, all names under which said person or firm is doing or

has done business as an invention developer during the previous ten years, the

names of all parent and subsidiary companies to the firm, and the name of all

companies that have a contractual obligation to the firm to perform invention

development services.

12. The contract must state the invention developer's principal business address and the

name and address of its agent in this state authorized to receive service of process in

this state.
N.D. Cent. Code § 9-01-12 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-12
9-01-12. Conditions concurrent defined
Status: in_force

9-01-12. Conditions concurrent defined

Conditions concurrent are those which are mutually dependent and are to be performed at

the same time.
N.D. Cent. Code § 9-05-04 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-04
9-05-04. Contract void when consideration unlawful
Status: in_force

9-05-04. Contract void when consideration unlawful

If any part of a single consideration for one or more objects, or of several considerations for

a single object, is unlawful, the entire contract is void.
N.D. Cent. Code § 9-13-06 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-06
9-13-06. Only full execution of accord extinguishes obligation
Status: in_force

9-13-06. Only full execution of accord extinguishes obligation

Though the parties to an accord are bound to execute it, yet it does not extinguish the

obligation until it is executed fully.
N.D. Cent. Code § 9-11-01 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-01
9-11-01. Transfer of rights
Status: in_force

9-11-01. Transfer of rights

A right arising out of an obligation is the property of the person to whom it is due and may

be transferred as such.
N.D. Cent. Code § 9-15.2-12 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-12
9-15.2-12. Required records
Status: in_force

9-15.2-12. Required records

1. An athlete agent shall create and retain for five years records of the following:

a. The name and address of each individual represented by the agent;

b. Each agency contract entered by the agent; and

c. The direct costs incurred by the agent in the recruitment or solicitation of each

student-athlete to enter an agency contract.

2. Records described in subsection 1 are open to inspection by the secretary of state

during normal business hours.
N.D. Cent. Code § 9-11-07 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-07
9-11-07. Refusal before offer - Equivalent to offer and refusal - Exception
Status: in_force

9-11-07. Refusal before offer - Equivalent to offer and refusal - Exception

A refusal by a creditor to accept performance made before an offer thereof is equivalent to

an offer and refusal unless before performance actually is due the creditor gives notice to the

debtor of the creditor's willingness to accept it.
N.D. Cent. Code § 9-05-11 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-11
9-05-11. Burden of proving want of consideration
Status: in_force

9-05-11. Burden of proving want of consideration

The burden of showing a want of consideration sufficient to support an instrument lies with

the party seeking to invalidate or avoid it.
N.D. Cent. Code § 9-12-03 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-03
9-12-03. Performance of obligation by one person
Status: in_force

9-12-03. Performance of obligation by one person

Performance of an obligation by one of several persons who are liable jointly under it

extinguishes the liability of all persons who are liable jointly thereon.
N.D. Cent. Code § 9-12-25 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-25
9-12-25. Offer and deposit - Results
Status: in_force

9-12-25. Offer and deposit - Results

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

section 9-12-24 and notice of such deposit is given to the creditor.

2. If the thing offered is something other than money, the same is deposited for the

creditor with some depositary of good repute at the place of performance and notice of

such deposit is given to the creditor.

After such deposit and notice, the thing deposited is at the risk and expense of the creditor.
N.D. Cent. Code § 9-10-04 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-04
9-10-04. Intent to defraud - Presumption
Status: in_force

9-10-04. Intent to defraud - Presumption

One who practices a deceit with intent to defraud the public or a particular class of persons

is deemed to have intended to defraud every individual in that class who actually is misled by

the deceit.
N.D. Cent. Code § 9-01-15 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-15
9-01-15. Forfeiture - Interpretation
Status: in_force

9-01-15. Forfeiture - Interpretation

A condition involving a forfeiture must be interpreted strictly against the party for whose

benefit it is created.
N.D. Cent. Code § 9-07-19 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-19
9-07-19. Uncertainty interpreted against party causing it - Presumption as to cause
Status: in_force

9-07-19. Uncertainty interpreted against party causing it - Presumption as to cause

In cases of uncertainty not removed by the preceding rules, the language of a contract

should be interpreted most strongly against the party who caused the uncertainty to exist. The

promisor is presumed to be such party, except in a contract between a public officer or body, as

such, and a private party, and in such case it is presumed that all uncertainty was caused by the

private party.
N.D. Cent. Code § 9-01-18 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-18
9-01-18. Option - Limitation of time for performance
Status: in_force

9-01-18. Option - Limitation of time for performance

If the party having the right of selection between alternative acts does not give notice of that

party's selection to the other party within the time, if any, fixed by the obligation for that purpose,

or, if none is fixed, before the time at which the obligation ought to be performed, the right of

selection passes to the other party.
N.D. Cent. Code § 9-16-04 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-04
9-16-04. Use of electronic records and electronic signatures - Variation by agreement
Status: in_force

9-16-04. Use of electronic records and electronic signatures - Variation by agreement

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 to

conduct transactions by electronic means. Whether the parties agree to conduct

transactions by electronic means is determined from the context and surrounding

circumstances, including the parties' conduct.

3. If a party agrees to conduct a transaction by electronic means, this chapter does not

prohibit the party from refusing to conduct other transactions by electronic means. This

subsection may not be varied by agreement.

4. Except as otherwise provided in this chapter, the effect of any of this chapter's

provisions may be varied by agreement. The presence in certain provisions of this

chapter of the words "unless otherwise agreed", or words of similar import, does not

imply that the effect of other provisions may not be varied by agreement.

5. Whether an electronic record or electronic signature has legal consequences is

determined by this chapter and other applicable law.
N.D. Cent. Code § 9-12-02 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-02
9-12-02. Performance of obligation to one person - Extinguishment - Exception
Status: in_force

9-12-02. Performance of obligation to one person - Extinguishment - Exception

An obligation in favor of several persons is extinguished by performance rendered to any of

them, except in the case of a deposit made by owners in common or in joint ownership which is

regulated by the provisions of title 60.
N.D. Cent. Code § 9-02-03 — ND Code / Title 9 / Chapter 9-02 / Section 9-02-03
9-02-03. Identity of parties essential to validity
Status: in_force

9-02-03. Identity of parties essential to validity

It is essential to the validity of the contract, not only that the parties should exist, but that it

should be possible to identify them.
N.D. Cent. Code § 9-08-01 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-01
9-08-01. Provisions that are unlawful
Status: in_force

9-08-01. Provisions that are unlawful

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. Cent. Code § 9-11-09 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-09
9-11-09. Assignment of account receivable
Status: repealed

9-11-09. Assignment of account receivable

Repealed by S.L. 1973, ch. 79, § 1.
N.D. Cent. Code § 9-05-02 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-02
9-05-02. When legal or moral obligation good consideration
Status: in_force

9-05-02. When legal or moral obligation good consideration

An existing legal obligation resting upon the promisor, or a moral obligation originating in

some benefit conferred upon the promisor or prejudice suffered by the promisee, also is a good

consideration for a promise to an extent corresponding with the extent of the obligation, but no

further or otherwise.
N.D. Cent. Code § 9-12-20 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-20
9-12-20. Offer of performance - Definite object
Status: in_force

9-12-20. Offer of performance - Definite object

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.
N.D. Cent. Code § 9-08-06 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-06
9-08-06. In restraint of business void - Exceptions
Status: in_force

9-08-06. In restraint of business void - Exceptions

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 from carrying on a similar business

within a reasonable geographic area and for a reasonable length of time, if the buyer

or any person deriving title to the goodwill from the buyer carries on a like business in

that area.

2. Partners, members, or shareholders, upon or in anticipation of a dissolution of a

partnership, limited liability company, or corporation; upon or in anticipation of a

dissociation of a partner or member; or as part of an agreement addressing the

dissociation or sale of a partner, member, or shareholder's ownership interest, may

agree that all or any number of them will not carry on a similar business within a

reasonable geographic area where the partnership, limited liability company, or

corporation business has been transacted, or within a specified part of the area.
N.D. Cent. Code § 9-12-17 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-17
9-12-17. Refusal of offer - Production unnecessary
Status: in_force

9-12-17. Refusal of offer - Production unnecessary

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.
N.D. Cent. Code § 9-15.2-05 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-05
9-15.2-05. Certificate of registration - Issuance or denial - Renewal
Status: in_force

9-15.2-05. Certificate of registration - Issuance or denial - Renewal

1. Except as otherwise provided in subsection 2, the secretary of state shall issue a

certificate of registration to an applicant for registration who complies with subsection 1

of section 9-15.2-04.

2. The secretary of state may refuse to issue a certificate of registration to an applicant

for registration under subsection 1 of section 9-15.2-04 if the secretary of state

determines that the applicant has engaged in conduct that significantly adversely

reflects on the applicant's fitness to act as an athlete agent. In making the

determination, the secretary of state may consider whether the applicant has:

a. Pleaded guilty or no contest to, has been convicted of, or has charges pending

for, a crime that would involve moral turpitude or be a felony if committed in this

state;

b. Made a materially false, misleading, deceptive, or fraudulent representation in the

application or as an athlete agent;

c. Engaged in conduct that would disqualify the applicant from serving in a fiduciary

capacity;

d. Engaged in conduct prohibited by section 9-15.2-13;

e. Had a registration as an athlete agent suspended, revoked, or denied in any

state;

f. Been refused renewal of registration as an athlete agent in any state;

g. Engaged in conduct resulting in imposition of a sanction, suspension, or

declaration of ineligibility to participate in an interscholastic, intercollegiate, or

professional athletic event on a student athlete or a sanction on an educational

institution; or

h. Engaged in conduct that adversely reflects on the applicant's credibility, honesty,

or integrity.

3. In making a determination under subsection 2, the secretary of state shall consider:

a. How recently the conduct occurred;

b. The nature of the conduct and the context in which it occurred; and

c. Other relevant conduct of the applicant.

4. An athlete agent registered under subsection 1 may apply to renew the registration by

submitting an application for renewal in a form prescribed by the secretary of state.

The applicant shall sign the application for renewal under penalty of perjury and

include current information on all matters required in an original application for

registration.

5. An athlete agent registered under subsection 3 of section 9-15.2-04 may renew the

registration by proceeding under subsection 4 or, if the registration in the other state

has been renewed, by submitting to the secretary of state copies of the application for

renewal in the other state and the renewed registration from the other state. The

secretary of state shall renew the registration if the secretary of state determines:

a. The registration requirements of the other state are substantially similar to or

more restrictive than this chapter; and

b. The renewed registration has not been suspended or revoked and no action

involving the individual's conduct as an athlete agent is pending against the

individual or the individual's registration in any state.

6. A certificate of registration or renewal of registration under this chapter is valid for

two years.
N.D. Cent. Code § 9-12-16 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-16
9-12-16. Offer of performance - When effective
Status: in_force

9-12-16. Offer of performance - When effective

An offer of performance is of no effect if the person making it is not able and willing to

perform according to the offer.
N.D. Cent. Code § 9-03-23 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-23
9-03-23. How proposal may be revoked
Status: in_force

9-03-23. How proposal may be revoked

A proposal is revoked:

1. By the communication of notice of revocation by the proposer to the other party in the

manner prescribed by sections 9-03-17 and 9-03-19 before the latter's acceptance has

been communicated to the former;

2. By the lapse of the time prescribed in such proposal for its acceptance, or if no time is

so prescribed, the lapse of a reasonable time without communication of the

acceptance;

3. By the failure of the acceptor to fulfill a condition precedent to acceptance; or

4. By the death or insanity of the proposer before acceptance of the proposal.
N.D. Cent. Code § 9-06-05 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-05
9-06-05. Contracts unenforceable unless in writing - Statute of frauds
Status: repealed

9-06-05. Contracts unenforceable unless in writing - Statute of frauds

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 9-15.2-03 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-03
9-15.2-03. Athlete agent - Registration required - Void contract
Status: in_force

9-15.2-03. Athlete agent - Registration required - Void contract

1. Except as provided in subsection 2, an individual may not act as an athlete agent in

this state without holding a certificate of registration under this chapter.

2. Before being issued a certificate of registration under this chapter an individual may

act as an athlete agent in this state for all purposes except signing an agency contract,

if:

a. A student-athlete or another person acting on behalf of the athlete initiates

communication with the individual; and

b. Not later than seven days after an initial act that requires the individual to register

as an athlete agent, the individual submits an application for registration as an

athlete agent in this state.

3. An agency contract resulting from conduct in violation of this section is void, and the

athlete agent shall return any consideration received under the contract.
N.D. Cent. Code § 9-02-01 — ND Code / Title 9 / Chapter 9-02 / Section 9-02-01
9-02-01. Persons capable of contracting
Status: in_force

9-02-01. Persons capable of contracting

All persons are capable of contracting except minors and persons of unsound mind.
N.D. Cent. Code § 9-13-05 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-05
9-13-05. Satisfaction defined
Status: in_force

9-13-05. Satisfaction defined

Acceptance by the creditor of the consideration of an accord extinguishes the obligation and

is called satisfaction.
N.D. Cent. Code § 9-15.2-02 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-02
9-15.2-02. Secretary of state - Authority - Procedure
Status: in_force

9-15.2-02. Secretary of state - Authority - Procedure

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 process in any civil action in

this state related to the individual acting as an athlete agent in this state.

3. The secretary of state may issue a subpoena for material that is relevant to the

administration of this chapter.
N.D. Cent. Code § 9-09-04 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-04
9-09-04. Rules governing rescission
Status: in_force

9-09-04. Rules governing rescission

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 discovering the facts which entitle

that party to rescind, if that party is free from duress, menace, undue influence, or

disability and is aware of that party's right to rescind; and

2. The party rescinding shall restore to the other party everything of value which the party

rescinding has received from the other party under the contract or must offer to restore

the same upon condition that such party shall do likewise, unless the latter is unable or

positively refuses to do so.
N.D. Cent. Code § 9-01-16 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-16
9-01-16. Enforcement of obligations - Prerequisites
Status: in_force

9-01-16. Enforcement of obligations - Prerequisites

Before any party to an obligation can require another party to perform any act under it, that

party shall fulfill all conditions precedent thereto imposed upon that party and must be able, and

shall offer, to fulfill all conditions concurrent so imposed upon that party on the like fulfillment by

the other party, but if one party to the obligation gives notice to another before the latter is in

default that that party will not perform the same upon that party's part and does not retract such

notice before the time at which performance upon that party's part is due, such other party is

entitled to enforce the obligation without previously performing or offering to perform any

conditions upon the other party's part in favor of the former party.
N.D. Cent. Code § 9-12-09 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-09
9-12-09. Offer of performance - Assent of debtor
Status: in_force

9-12-09. Offer of performance - Assent of debtor

An offer of performance must be made by the debtor or by some person on the debtor's

behalf and with the debtor's assent.
N.D. Cent. Code § 9-11-08 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-08
9-11-08. Definitions
Status: repealed

9-11-08. Definitions

Repealed by S.L. 1981, ch. 91, § 66.
N.D. Cent. Code § 9-16-06 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-06
9-16-06. Legal recognition of electronic records, electronic signatures, and electronic contracts
Status: in_force

9-16-06. Legal recognition of electronic records, electronic signatures, and electronic

contracts.

1. A record or signature may not be denied legal effect or enforceability solely because

the record or signature is in electronic form.

2. A contract may not be denied legal effect or enforceability solely because an electronic

record was used in the contract's formation.

3. If a law requires a record to be in writing, an electronic record satisfies the law.

4. If a law requires a signature, an electronic signature satisfies the law.
N.D. Cent. Code § 9-12-18 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-18
9-12-18. Offer of performance - Mode - Waiver of objections
Status: in_force

9-12-18. Offer of performance - Mode - Waiver of objections

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.
N.D. Cent. Code § 9-07-05 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-05
9-07-05. Real intention to govern in cases of fraud, mistake, or accident
Status: in_force

9-07-05. Real intention to govern in cases of fraud, mistake, or accident

When through fraud, mistake, or accident a written contract fails to express the real

intention of the parties, such intention is to be regarded and the erroneous parts of the writing

disregarded.
N.D. Cent. Code § 9-07-01 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-01
9-07-01. Public and private contracts interpreted by same rules
Status: in_force

9-07-01. Public and private contracts interpreted by same rules

All contracts, whether public or private, are to be interpreted by the same rules, except as

otherwise provided by the laws of this state.
N.D. Cent. Code § 9-04-02 — ND Code / Title 9 / Chapter 9-04 / Section 9-04-02
9-04-02. Requisites of object
Status: in_force

9-04-02. Requisites of object

The object of a contract must be lawful when the contract is made and possible and

ascertainable by the time the contract is to be performed. Everything is deemed possible except

that which is impossible in the nature of things.
N.D. Cent. Code § 9-03-04 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-04
9-03-04. When consent deemed voidable
Status: in_force

9-03-04. When consent deemed voidable

Consent is deemed to have been obtained through duress, menace, fraud, undue influence,

or mistake only when it would not have been given except for one or more of them.
N.D. Cent. Code § 9-07-10 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-10
9-07-10. Interpretation of technical words
Status: in_force

9-07-10. Interpretation of technical words

Technical words are to be interpreted as usually understood by persons in the profession or

business to which they relate, unless clearly used in a different sense.
N.D. Cent. Code § 9-11-02 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-02
9-11-02. Transfer by endorsement - Non-negotiable written contract
Status: in_force

9-11-02. Transfer by endorsement - Non-negotiable written contract

A non-negotiable written contract for the payment of money or personal property may be

transferred by endorsement in like manner with negotiable instruments. Such endorsement

transfers all the rights of the assignor under the instrument to the assignee subject to all equities

and defenses existing in favor of the maker at the time of the endorsement.
N.D. Cent. Code § 9-03-12 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-12
9-03-12. Mistake classified
Status: in_force

9-03-12. Mistake classified

Mistake may be either of fact or of law.
N.D. Cent. Code § 9-01-22 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-22
9-01-22. Wind option agreement - Definition - Termination
Status: in_force

9-01-22. Wind option agreement - Definition - Termination

Redesignated as section 17-04-01 under S.L. 2007, ch. 204, § 5.
N.D. Cent. Code § 9-03-16 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-16
9-03-16. Mutual consent defined
Status: in_force

9-03-16. Mutual consent defined

Consent is not mutual unless the parties all agree upon the same thing in the same sense.

In certain cases defined in chapter 9-07, they are to be deemed so to agree without regard to

the fact.
N.D. Cent. Code § 9-06-11 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-11
9-06-11. Seals abolished
Status: in_force

9-06-11. Seals abolished

All distinctions between sealed and unsealed instruments are abolished.
N.D. Cent. Code § 9-13-10 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-10
9-13-10. How novation made
Status: in_force

9-13-10. How novation made

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 the rights of the latter to

the former.
N.D. Cent. Code § 9-12-14 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-14
9-12-14. Offer of performance - Good faith
Status: in_force

9-12-14. Offer of performance - Good faith

An offer of performance must be made in good faith and in such manner as is most likely

under the circumstances to benefit the creditor.
N.D. Cent. Code § 9-12-29 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-29
9-12-29. Claim of money by creditor - Extinguishment of lien
Status: in_force

9-12-29. Claim of money by creditor - Extinguishment of lien

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

has been duly recorded. If the creditor does not claim the money in nine months from the date

of first publication of the notice, the money, a copy of the debtor's affidavit, and a copy of the

published notice must be forwarded by the county treasurer to the state land commissioner for

deposit to the credit of the state of North Dakota for the use and benefit of the common schools

trust fund of the state. At the same time these items are forwarded to the state land

commissioner, the county treasurer shall record in the office of the recorder a notice to the effect

that the lien, encumbrance, or cloud affecting or related to the title to the real property, giving the

specific legal description of the property, has been discharged by the procedures set out in

section 9-12-28 and this section. The debtor shall pay the recorder's fees for recording the

county treasurer's notice.

At any time after the original nine-month period, the creditor, or the creditor's heirs,

successors, or assigns, may claim the full amount of the original deposit without any interest or

penalty from the state administrator of abandoned property in the manner specified in chapter

47-30.2 for claiming the proceeds of other abandoned and unclaimed property.
N.D. Cent. Code § 9-10-01 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-01
9-10-01. Injury to the property or person of another
Status: in_force

9-10-01. Injury to the property or person of another

Every person is bound without contract to abstain from injuring the person or property of

another or infringing upon any of that person's rights.
N.D. Cent. Code § 9-07-17 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-17
9-07-17. Repugnancies reconciled with intent
Status: in_force

9-07-17. Repugnancies reconciled with intent

Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will

give some effect to the repugnant clause subordinate to the general intent and purposes of the

whole contract.
N.D. Cent. Code § 9-07-16 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-16
9-07-16. Written part of contract controls printed part
Status: in_force

9-07-16. Written part of contract controls printed part

When a contract is partly written and partly printed, or when part of it is written or printed

under the special directions of the parties and with a special view to their intention and the

remainder is copied from a form originally prepared without special reference to the particular

parties and particular contract in question, the written parts control the printed parts and the

parts which are purely original control those which are copied from a form and if the two are

absolutely repugnant the latter must be disregarded insofar as such repugnancy exists.
N.D. Cent. Code § 9-01-02 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-02
9-01-02. Requisites of contract
Status: in_force

9-01-02. Requisites of contract

It is essential to the existence of a contract that there should be:

1. Parties capable of contracting;

2. The consent of the parties;

3. A lawful object; and

4. Sufficient cause or consideration.
N.D. Cent. Code § 9-07-09 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-09
9-07-09. Words to be interpreted in ordinary sense
Status: in_force

9-07-09. Words to be interpreted in ordinary sense

The words of a contract are to be understood in their ordinary and popular sense rather

than according to their strict legal meaning, unless used by the parties in a technical sense, or

unless a special meaning is given to them by usage, in which case the latter must be followed.
N.D. Cent. Code § 9-09-05 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-05
9-09-05. Alteration of oral contract
Status: in_force

9-09-05. Alteration of oral contract

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. Cent. Code § 9-05-09 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-09
9-05-09. Method of determining consideration becomes impossible - Provision void
Status: in_force

9-05-09. Method of determining consideration becomes impossible - Provision void

When a contract provides an exclusive method by which its consideration is to be

ascertained, and such method appears possible on its face, but in fact is or becomes impossible

of execution, such provision only is void.
N.D. Cent. Code § 9-12-10 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-10
9-12-10. Offer of performance made to creditor or authorized agent
Status: in_force

9-12-10. Offer of performance made to creditor or authorized agent

An offer of performance must be made to the creditor, or to any one of two or more joint

creditors, or to a person authorized by one or more of them to receive or collect what is due

under the obligation if such creditor or authorized person is present at the place where the offer

may be made, and if not, wherever the creditor may be found.
N.D. Cent. Code § 9-01-09 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-09
9-01-09. Conditional obligation defined
Status: in_force

9-01-09. Conditional obligation defined

An obligation is conditional when the rights or duties of any party thereto depend upon the

occurrence of an uncertain event.
N.D. Cent. Code § 9-03-25 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-25
9-03-25. Acceptance of benefit equivalent to consent
Status: in_force

9-03-25. Acceptance of benefit equivalent to consent

A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the

obligations arising from it so far as the facts are known or ought to be known to the person

accepting.
N.D. Cent. Code § 9-14-05 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-05
9-14-05. Disclosures made prior to contract
Status: in_force

9-14-05. Disclosures made prior to contract

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 information required in this section.

2. The disclosure must state the median fee charged to all of the invention developers'

customers who have signed contracts with the developer in the preceding six months,

excluding customers who have signed in the preceding thirty days.

3. The disclosure must include a single statement setting forth the total number of

customers who have contracted with the invention developer, except that the number

need not reflect those customers who have contracted within the preceding thirty days,

and the number of customers who have received by virtue of the invention developer's

performance of invention development services an amount of money in excess of the

amount of money paid by those customers to the invention developer pursuant to a

contract for invention development services.

4. The disclosure must include a single statement setting forth the names of all

individuals and entities that possess an ownership interest in the invention developer

and have held or presently hold more than a ten percent ownership interest in any

other invention developer. The statement must include for each individual and entity

the information required to be disclosed by subsection 3.

5. The disclosure must contain the following statement:

Unless the invention developer is an attorney or patent agent registered with

the United States patent office, the invention developer is not permitted to give

you legal advice concerning patent, copyright, or trademark law or to advise you

of whether your idea or invention may be patentable or may be protected under

the patent rights, copyright, or trademark laws of the United States or any other

law.

No patent, copyright, or trademark protection will be acquired for you by the

invention developer. Your failure to inquire into the law governing patent,

copyright, or trademark matters may jeopardize your rights in your idea or

invention, both in the United States and in foreign countries. Your failure to

identify and investigate existing patents, trademarks, or registered copyrights may

place you in jeopardy of infringing the copyrights, patent rights, or trademark

rights of other persons if you proceed to make, use, distribute, or sell your idea or

invention.

6. If the invention developer provides invention development services involving the

evaluation of inventions, the disclosure must include a statement setting forth the

percentage of evaluated inventions that have been successfully marketed or licensed

by the invention developer. If the invention developer does not provide invention

development services involving the evaluation of inventions, the disclosure must

inform the customer that there is considerable risk involved in proceeding with the

development and promotion of the invention without an evaluation and must further

recommend that the customer obtain an evaluation of the invention by an evaluation

source. The disclosure must contain the following statement:

It is likely that no more than two percent and probably less than one percent of all

inventions are successfully developed and promoted. You should evaluate your

chances of success accordingly and not rely solely on the opinion of an invention

developer.
N.D. Cent. Code § 9-08-08 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-08
9-08-08. Settlement of damages for personal injuries voidable
Status: in_force

9-08-08. Settlement of damages for personal injuries voidable

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 after the injury or if made while the person so injured is under disability from the effect of

the injury so received and within six months after the date of the injury.
N.D. Cent. Code § 9-12-07 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-07
9-12-07. Performance when there are several obligations - Application
Status: in_force

9-12-07. Performance when there are several obligations - Application

When a debtor under several obligations to another does an act by way of performance, in

whole or in part, which is applicable equally to two or more of such obligations, such

performance must be applied as follows:

1. If, at the time of the performance, the intention or desire of the debtor that such

performance should be applied to the extinction of any particular obligation is

manifested to the creditor, it must be applied in such manner.

2. If no such application is then made, the creditor, within a reasonable time after such

performance, may apply it toward the extinction of any obligation the performance of

which was due to the creditor from the debtor at the time of such performance, except

that if similar obligations were due to the creditor both individually and as a trustee,

unless otherwise directed by the debtor, the creditor shall apply the performance to the

extinction of all such obligations in equal proportion. An application once made by the

creditor cannot be rescinded without the consent of the debtor.

3. If neither party makes such application within the time prescribed herein, the

performance must be applied to the extinction of obligations in the following order, and

if there is more than one obligation of a particular class, to the extinction of all in that

class ratably.

a. Of interest due at the time of the performance.

b. Of principal due at the time of performance.

c. Of the obligation earliest in date of maturity.

d. Of an obligation not secured by a lien or collateral undertaking.

e. Of an obligation secured by a lien or collateral undertaking.
N.D. Cent. Code § 9-16-05 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-05
9-16-05. Construction and application
Status: in_force

9-16-05. Construction and application

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 its general purpose to make uniform the law with respect to the subject of

this chapter among states enacting it.
N.D. Cent. Code § 9-14-08 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-08
9-14-08. Records
Status: in_force

9-14-08. Records

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.
N.D. Cent. Code § 9-12-21 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-21
9-12-21. Offer of performance - Contingency
Status: in_force

9-12-21. Offer of performance - Contingency

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.
N.D. Cent. Code § 9-09-06 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-06
9-09-06. Alteration of written contract
Status: in_force

9-09-06. Alteration of written contract

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 original contract to incur.
N.D. Cent. Code § 9-13-04 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-04
9-13-04. Accord defined
Status: in_force

9-13-04. Accord defined

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.
N.D. Cent. Code § 9-15.2-14 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-14
9-15.2-14. Criminal penalty
Status: in_force

9-15.2-14. Criminal penalty

An athlete agent who violates section 9-15.2-13 is guilty of a class A misdemeanor.
N.D. Cent. Code § 9-11-04 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-04
9-11-04. Want of performance or offer - When excused
Status: in_force

9-11-04. Want of performance or offer - When excused

The want of performance of an obligation or of an offer of performance, in whole or in part,

or any delay therein, is excused by the following causes to the extent to which they operate:

1. When such performance or offer is prevented or delayed by the act of the creditor or

by the operation of law, even though there may have been a stipulation that this may

not be an excuse;

2. When it is prevented or delayed by an irresistible superhuman cause or by the act of

public enemies of this state or of the United States, unless the parties have agreed

expressly to the contrary; or

3. When the debtor is induced not to perform or offer performance by any act of the

creditor at or before the time at which such performance or offer may be made and

which the creditor has not rescinded before that time.
N.D. Cent. Code § 9-13-03 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-03
9-13-03. Joint debtors - Effecting release
Status: in_force

9-13-03. Joint debtors - Effecting release

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.
N.D. Cent. Code § 9-16-17 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-17
9-16-17. Acceptance and distribution of electronic records by governmental agencies
Status: in_force

9-16-17. Acceptance and distribution of electronic records by governmental agencies

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 persons.

2. To the extent that a governmental agency uses electronic records and electronic

signatures under subsection 1, the state records administrator, giving due

consideration to security, may specify:

a. The manner in which the electronic records must be sent, communicated,

received, and stored and the systems established for those purposes;

b. If electronic records must be signed by electronic means, the type of electronic

signature required, the manner and format in which the electronic signature must

be affixed to the electronic record, and the identity of, or criteria that must be met

by, any third party used by a person filing a document to facilitate the process;

c. Control processes and procedures as appropriate to ensure adequate

preservation, disposition, integrity, security, confidentiality, and auditability of

electronic records; and

d. Any other required attributes for electronic records which are specified for

corresponding nonelectronic records or reasonably necessary under the

circumstances.

3. Except as otherwise provided in subsection 6 of section 9-16-11, this chapter does not

require a governmental agency of this state to use or permit the use of electronic

records or electronic signatures.
N.D. Cent. Code § 9-07-11 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-11
9-07-11. What law governs
Status: repealed

9-07-11. What law governs

Repealed by S.L. 1973, ch. 77, § 1.
N.D. Cent. Code § 9-01-11 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-11
9-01-11. Condition precedent defined
Status: in_force

9-01-11. Condition precedent defined

A condition precedent is a condition which is to be performed before some right dependent

thereon accrues or some act dependent thereon is performed.
N.D. Cent. Code § 9-06-04 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-04
9-06-04. Contracts invalid unless in writing - Statute of frauds
Status: in_force

9-06-04. Contracts invalid unless in writing - Statute of frauds

The following contracts are invalid, unless the same or some note or memorandum thereof

is in writing and subscribed by the party to be charged, or by the party's agent:

1. An agreement that by its terms is not to be performed within a year from the making

thereof.

2. A special promise to answer for the debt, default, or miscarriage of another, except in

the cases provided for in section 22-01-05.

3. An agreement for the leasing for a longer period than one year, or for the sale, of real

property, or of an interest therein. Such agreement, if made by an agent of the party

sought to be charged, is invalid unless the authority of the agent is in writing

subscribed by the party sought to be charged.

4. An agreement or promise for the lending of money or the extension of credit in an

aggregate amount of twenty-five thousand dollars or greater.

5. An agreement or promise to alter the terms of repayment or forgiveness of a debt that

is in an aggregate amount of twenty-five thousand dollars or greater.
N.D. Cent. Code § 9-09-03 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-03
9-09-03. Rescission permitted notwithstanding provisions against
Status: in_force

9-09-03. Rescission permitted notwithstanding provisions against

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 capable

of exact and entire compensation.
N.D. Cent. Code § 9-04-04 — ND Code / Title 9 / Chapter 9-04 / Section 9-04-04
9-04-04. Several objects, part unlawful, contract void
Status: in_force

9-04-04. Several objects, part unlawful, contract void

When a contract has several distinct objects, of which one at least is lawful and one at least

is unlawful in whole or in part, the contract is void as to the latter and valid as to the rest.
N.D. Cent. Code § 9-08-03 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-03
9-08-03. Penalties and penal clauses void
Status: in_force

9-08-03. Penalties and penal clauses void

Penalties imposed by contract for any nonperformance thereof are void.
N.D. Cent. Code § 9-16-10 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-10
9-16-10. Notarization and acknowledgment
Status: in_force

9-16-10. Notarization and acknowledgment

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

applicable law, is attached to or logically associated with the signature or record.
N.D. Cent. Code § 9-12-27 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-27
9-12-27. Creditor as gratuitous depositary
Status: in_force

9-12-27. Creditor as gratuitous depositary

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.
N.D. Cent. Code § 9-12-26 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-26
9-12-26. Deposit of thing offered - How held
Status: in_force

9-12-26. Deposit of thing offered - How held

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 person will retain it no

longer; or

3. That person has deposited it with such suitable depositary therefor as that person is

able to find with the exercise of reasonable diligence.
N.D. Cent. Code § 9-04-01 — ND Code / Title 9 / Chapter 9-04 / Section 9-04-01
9-04-01. Definition
Status: in_force

9-04-01. Definition

The object of a contract is the thing which it is agreed on the part of the party receiving the

consideration to do or not to do.
N.D. Cent. Code § 9-05-06 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-06
9-05-06. Executory consideration - Method of ascertaining
Status: in_force

9-05-06. Executory consideration - Method of ascertaining

When a consideration is executory, it is not indispensable that the contract should specify its

amount or the means of ascertaining it. It may be left to the decision of a third person or

regulated by any specified standard.
N.D. Cent. Code § 9-13-08 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-08
9-13-08. Novation defined
Status: in_force

9-13-08. Novation defined

Novation is the substitution of a new obligation for an existing one.
N.D. Cent. Code § 9-06-08 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-08
9-06-08. Written contract takes effect on delivery
Status: in_force

9-06-08. Written contract takes effect on delivery

A contract in writing takes effect upon its delivery to the party in whose favor it is made or to

that party's agent.
N.D. Cent. Code § 9-07-08 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-08
9-07-08. Contract interpreted so it may be carried into effect
Status: in_force

9-07-08. Contract interpreted so it may be carried into effect

A contract must receive such an interpretation as will make it lawful, operative, definite,

reasonable, and capable of being carried into effect, if it can be done without violating the

intention of the parties.
N.D. Cent. Code § 9-05-01 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-01
9-05-01. Good consideration defined
Status: in_force

9-05-01. Good consideration defined

Any benefit conferred or agreed to be conferred upon the promisor by any other person to

which the promisor is not entitled lawfully, or any prejudice suffered or agreed to be suffered by

such person, other than such as that person, at the time of consent, is lawfully bound to suffer

as an inducement to the promisor, is a good consideration for a promise.
N.D. Cent. Code § 9-16-16 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-16
9-16-16. Creation and retention of electronic records and conversion of written records by governmental agencies
Status: in_force

9-16-16. Creation and retention of electronic records and conversion of written

records by governmental agencies.

The state records administrator shall provide guidelines to determine whether, and the

extent to which, a governmental agency will create and retain electronic records and convert

written records to electronic records.
N.D. Cent. Code § 9-10-02 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-02
9-10-02. Deceit - Definition
Status: in_force

9-10-02. Deceit - Definition

A deceit within the meaning of section 9-10-03 is:

1. The suggestion as a fact of that which is not true by one who does not believe it to be

true;

2. The assertion as a fact of that which is not true by one who has no reasonable ground

for believing it to be true;

3. The suppression of a fact by one who is bound to disclose it, or who gives information

of other facts which are likely to mislead for want of communication of that fact; or

4. A promise made without any intention of performing.
N.D. Cent. Code § 9-01-17 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-17
9-01-17. Option to perform alternative acts
Status: in_force

9-01-17. Option to perform alternative acts

If an obligation requires the performance of one of two acts in the alternative, the party

required to perform has the right of selection, unless it is provided otherwise by the terms of the

obligation.
N.D. Cent. Code § 9-01-04 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-04
9-01-04. Joint and several contracts
Status: in_force

9-01-04. Joint and several contracts

A promise is presumed to be joint and several when:

1. All the parties thereto receive some benefit from the consideration, whether past or

present;

2. It is made in the singular number but executed by several persons.
N.D. Cent. Code § 9-14-07 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-07
9-14-07. Restriction on use of negotiable instruments
Status: in_force

9-14-07. Restriction on use of negotiable instruments

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

instrument taken from a customer in violation of this section.
N.D. Cent. Code § 9-07-07 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-07
9-07-07. Several contracts part of one transaction interpreted together
Status: in_force

9-07-07. Several contracts part of one transaction interpreted together

Several contracts relating to the same matters between the same parties and made as parts

of substantially one transaction are to be taken together.
N.D. Cent. Code § 9-11-05 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-05
9-11-05. Benefits awarded to debtor
Status: in_force

9-11-05. Benefits awarded to debtor

If the performance of an obligation is prevented by the creditor, the debtor is entitled to all

the benefits which the debtor would have obtained if it had been performed by both parties.
N.D. Cent. Code § 9-05-07 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-07
9-05-07. Consideration undetermined - Method of ascertaining
Status: in_force

9-05-07. Consideration undetermined - Method of ascertaining

When a contract does not determine the amount of the consideration nor the method by

which it is to be ascertained, or when it leaves the amount thereof to the discretion of an

interested party, the consideration must be so much money as the object of the contract

reasonably is worth.
N.D. Cent. Code § 9-03-24 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-24
9-03-24. Ratification as consent
Status: in_force

9-03-24. Ratification as consent

A contract which is voidable solely for want of due consent may be ratified by a subsequent

consent.
N.D. Cent. Code § 9-12-19 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-19
9-12-19. Offer of performance - When title passes
Status: in_force

9-12-19. Offer of performance - When title passes

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.
N.D. Cent. Code § 9-02-02 — ND Code / Title 9 / Chapter 9-02 / Section 9-02-02
9-02-02. Minors and persons of unsound mind
Status: in_force

9-02-02. Minors and persons of unsound mind

Minors and persons of unsound mind have only such capacity as is specified in statutes

relating to such persons.
N.D. Cent. Code § 9-08-05 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-05
9-08-05. Restricting enforcement of rights void
Status: in_force

9-08-05. Restricting enforcement of rights void

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 rights is

void, except as otherwise specifically permitted by the laws of this state.
N.D. Cent. Code § 9-03-05 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-05
9-03-05. Duress defined
Status: in_force

9-03-05. Duress defined

Duress consists in:

1. Unlawful confinement of the person of a party to a contract, of the husband or wife of

such party, or of an ancestor, descendant, or adopted child of such party, husband, or

wife;

2. Unlawful detention of the property of any such person; or

3. Confinement of such person, lawful in form, but fraudulently obtained, or fraudulently

made unjustly harassing or oppressive.
N.D. Cent. Code § 9-15.2-10 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-10
9-15.2-10. Notice to educational institution
Status: in_force

9-15.2-10. Notice to educational institution

1. In this section, "communicating or attempting to communicate" means contacting or

attempting to contact by an in-person meeting, a record, or any other method that

conveys or attempts to convey a message.

2. Not later than seventy-two hours after entering an agency contract or before the next

scheduled athletic event in which the student-athlete may participate, whichever

occurs first, the athlete agent shall give notice in a record of the existence of the

contract to the athletic director of the educational institution at which the athlete is

enrolled or at which the agent has reasonable grounds to believe the athlete intends to

enroll.

3. Not later than seventy-two hours after entering an agency contract or before the next

scheduled athletic event in which the student-athlete may participate, whichever

occurs first, the athlete shall inform the athletic director of the educational institution at

which the athlete is enrolled that the athlete has entered an agency contract and the

name and contact information of the athlete agent.

4. If an athlete agent enters an agency contract with a student-athlete and the athlete

subsequently enrolls at an educational institution, the agent shall notify the athletic

director of the institution of the existence of the contract not later than seventy-two

hours after the agent knew or should have known the athlete enrolled.

5. If an athlete agent has a relationship with a student-athlete before the athlete enrolls in

an educational institution and receives an athletic scholarship from the institution, the

agent shall notify the institution of the relationship not later than ten days after the

enrollment if the agent knows or should have known of the enrollment and:

a. The relationship was motivated in whole or part by the intention of the agent to

recruit or solicit the athlete to enter an agency contract in the future; or

b. The agent directly or indirectly recruited or solicited the athlete to enter an agency

contract before the enrollment.

6. An athlete agent shall give notice in a record to the athletic director of any educational

institution at which a student-athlete is enrolled before the agent communicates or

attempts to communicate with:

a. The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to

influence the athlete or parent or guardian to enter into an agency contract; or

b. Another individual to have that individual influence the athlete or, if the athlete is a

minor, the parent or guardian of the athlete to enter into an agency contract.

7. If a communication or attempt to communicate with an athlete agent is initiated by a

student-athlete or another individual on behalf of the athlete, the agent shall notify in a

record the athletic director of any educational institution at which the athlete is

enrolled. The notification must be made not later than ten days after the

communication or attempt.

8. An educational institution that becomes aware of a violation of this chapter by an

athlete agent shall notify the secretary of state and any professional league or players

association with which the institution is aware the agent is licensed or registered of the

violation.
N.D. Cent. Code § 9-15.2-09 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-09
9-15.2-09. Required form of agency contract
Status: in_force

9-15.2-09. Required form of agency contract

1. An agency contract must be in a record signed by the parties.

2. An agency contract must contain:

a. A statement that the athlete agent is registered as an athlete agent in this state

and a list of any other states in which the agent is registered as an athlete agent;

b. The amount and method of calculating the consideration to be paid by the

student-athlete for services to be provided by the agent under the contract and

any other consideration the agent has received or will receive from any other

source for entering into the contract or providing the services;

c. The name of any person not listed in the agent's application for registration or

renewal of registration which will be compensated because the athlete signed the

contract;

d. A description of any expenses the athlete agrees to reimburse;

e. A description of the services to be provided to the athlete;

f. The duration of the contract; and

g. The date of execution.

3. Subject to subsection 7, an agency contract must contain a conspicuous notice in

boldface type and in substantially the following form:

WARNING TO STUDENT-ATHLETE,

IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE

IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING

THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN

WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND

YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT

YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND

CONTACT INFORMATION OF THE ATHLETE AGENT; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.

CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR

ELIGIBILITY AS A STUDENT-ATHLETE IN YOUR SPORT.

4. An agency contract must be accompanied by a separate record signed by the

student-athlete or, if the athlete is a minor, the parent or guardian of the athlete

acknowledging that signing the contract may result in the loss of the athlete's eligibility

to participate in the athlete's sport.

5. A student-athlete or, if the athlete is a minor, the parent or guardian of the athlete may

void an agency contract that does not conform to this section. If the contract is voided,

any consideration received from the athlete agent under the contract to induce

entering into the contract is not required to be returned.

6. At the time an agency contract is executed, the athlete agent shall give the

student-athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy

in a record of the contract and the separate acknowledgment required by subsection 4.

7. If a student-athlete is a minor, an agency contract must be signed by the parent or

guardian of the minor and the notice required by subsection 3 must be revised

accordingly.
N.D. Cent. Code § 9-02-04 — ND Code / Title 9 / Chapter 9-02 / Section 9-02-04
9-02-04. Third-party beneficiary may enforce contract
Status: in_force

9-02-04. Third-party beneficiary may enforce contract

A contract made expressly for the benefit of a third person may be enforced by that person

at any time before the parties thereto rescind it.
N.D. Cent. Code § 9-16-19 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-19
9-16-19. Signatures and records secured through blockchain technology - Smart contracts - Ownership of information - Definitions
Status: in_force

9-16-19. Signatures and records secured through blockchain technology - Smart

contracts - Ownership of information - Definitions.

1. A signature secured through blockchain technology is considered to be in an electronic

form and to be an electronic signature.

2. A record or contract secured through blockchain technology is considered to be in an

electronic form and to be an electronic record.

3. Smart contracts may exist in commerce. A contract relating to a transaction may not be

denied legal effect, validity, or enforceability solely because the contract contains a

smart contract term.

4. Notwithstanding title 10 or chapters 41-02, 41-02.1, and 41-07, a person in or affecting

interstate or foreign commerce using blockchain technology to secure information the

person owns or has the right to use retains the same rights of ownership or use with

respect to that information as before the person secured the information using

blockchain technology. This subsection does not apply to the use of blockchain

technology to secure information in connection with a transaction to the extent the

terms of the transaction expressly provide for the transfer of rights of ownership or use

with respect to that information.

5. As used in this subsection:

a. "Blockchain technology" means distributed ledger technology that uses a

distributed, decentralized, shared, and replicated ledger, which may be public or

private, permissioned or permissionless, or driven by tokenized cryptoeconomics

or tokenless and which is protected with cryptography, is immutable, and

auditable and provides an uncensored truth.

b. "Smart contract" means an event-driven program, with state, that runs on a

distributed, decentralized, shared, and replicated ledger and which can take

custody over and instruct transfer of assets on that ledger.
N.D. Cent. Code § 9-06-03 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-03
9-06-03. Written contract prevented by fraud - Oral contract enforceable
Status: in_force

9-06-03. Written contract prevented by fraud - Oral contract enforceable

When a contract which is required by law to be in writing is prevented from being put into

writing by the fraud of a party thereto, any other party who by such fraud is led to believe that it

is in writing and acts upon such belief to that party's prejudice may enforce it against the

fraudulent party.
N.D. Cent. Code § 9-05-08 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-08
9-05-08. Consideration not ascertainable - Contract void
Status: in_force

9-05-08. Consideration not ascertainable - Contract void

When a contract provides an exclusive method by which its consideration is to be

ascertained, and such method is on its face impossible of execution, the entire contract is void.
N.D. Cent. Code § 9-14-01 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-01
9-14-01. Definitions
Status: in_force

9-14-01. Definitions

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 by, inquires about, seeks the

services of, or enters into a contract with an invention developer for invention

development services.

3. "Invention" includes a process, machine, manufacture, composition of matter,

improvement upon the foregoing, or a concept.

4. "Invention developer" means any person, and the agents, employees, or

representatives of the person, that develops or promotes or offers to develop or

promote an invention of a customer in order that the customer's invention may be

patented, licensed, or sold for manufacture or manufactured in large quantities, except

the term does not include:

a. A partnership, corporation, or limited liability company when all of its partners,

stockholders, or members are licensed by a state or the United States to render

legal advice concerning patents and trademarks, or a person so licensed.

b. A department or agency of federal, state, or local government.

c. A charitable, scientific, educational, religious, or other organization described in

section 170(b)(1)(A) of the Internal Revenue Code of 1954.

d. An entity that does not charge a fee for invention development services.

e. An entity whose gross receipts from contracts for invention development services

do not exceed ten percent of its gross receipts from all sources during the fiscal

year preceding the year in which any contract for invention development services

is signed.

f. A partnership, corporation, or limited liability company that accepts technology

from institutions of higher education and other state and federal research

institutions for evaluation and the providing of marketing services.

For the purposes of this subsection, "fee" includes any payment made by the customer

to the entity, including reimbursements for expenditures made or costs incurred by

such entity, but does not include a payment made from a portion of the income

received by a customer by virtue of invention development services performed by the

entity.

5. "Invention development services" includes acts required or promised to be performed,

or actually performed, by an invention developer for a customer.
N.D. Cent. Code § 9-14-02 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-02
9-14-02. Notice to customers
Status: in_force

9-14-02. Notice to customers

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 developer in connection

with an invention or if the invention developer contemplates performance of services in

connection with an invention in more than one phase with the performance of each

phase covered in one or more contracts, the invention developer shall so state in a

written statement and shall supply to the customer the written statement together with

a copy of each contract or a written summary of the general terms of each contract,

including the total cost or consideration required from the customer, before the

customer signs the first contract.
N.D. Cent. Code § 9-12-22 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-22
9-12-22. Performance - Demand for written receipt
Status: in_force

9-12-22. Performance - Demand for written receipt

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.
N.D. Cent. Code § 9-16-02 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-02
9-16-02. Scope
Status: in_force

9-16-02. Scope

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:

a. A law governing the creation and execution of wills, codicils, or testamentary

trusts;

b. The Uniform Commercial Code other than section 41-01-20 and chapters 41-02

and 41-02.1; and

c. Chapters 41-03, 41-04, 41-04.1, 41-05, 41-07, 41-08, or 41-09.

3. Section 9-16-19 applies only to title 10 and transactions governed by chapters 41-02,

41-02.1, and 41-07.

4. This chapter applies to an electronic record or electronic signature otherwise excluded

from the application of this chapter under subsection 2 or 3, to the extent it is governed

by a law other than those specified in subsection 2 or 3.

5. A transaction subject to this chapter is also subject to other applicable substantive law.
N.D. Cent. Code § 9-03-02 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-02
9-03-02. Absence of free consent - Effect
Status: in_force

9-03-02. Absence of free consent - Effect

A consent which is not free is not absolutely void, but may be rescinded by the parties in the

manner prescribed by chapter 9-09.
N.D. Cent. Code § 9-08-02 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-02
9-08-02. Contracts against the policy of the law
Status: in_force

9-08-02. Contracts against the policy of the law

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. Cent. Code § 9-12-15 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-15
9-12-15. Offer of performance - Free from condition
Status: in_force

9-12-15. Offer of performance - Free from condition

An offer of performance must be free from any condition which the creditor is not bound on

the creditor's part to perform.
N.D. Cent. Code § 9-16-08 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-08
9-16-08. Attribution and effect of electronic record and electronic signature
Status: in_force

9-16-08. Attribution and effect of electronic record and electronic signature

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 record or electronic signature was attributable.

2. The effect of an electronic record or electronic signature attributed to a person under

subsection 1 is determined from the context and surrounding circumstances at the

time of the record's or signature's creation, execution, or adoption, including the

parties' agreement, if any, and otherwise as provided by law.
N.D. Cent. Code § 9-15.2-17 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-17
9-15.2-17. Uniformity of application and construction
Status: in_force

9-15.2-17. Uniformity of application and construction

In applying and construing this uniform Act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.
N.D. Cent. Code § 9-15.2-08 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-08
9-15.2-08. Registration and renewal fees
Status: in_force

9-15.2-08. Registration and renewal fees

An application for registration or renewal of registration as an athlete agent must be

accompanied by a fee in the following amount:

1. Two hundred fifty dollars for an initial application for registration;

2. Two hundred fifty dollars for registration based on a certificate of registration issued by

another state;

3. One hundred fifty dollars for an application for renewal of registration; or

4. One hundred fifty dollars for renewal of registration based on a renewal of registration

in another state.
N.D. Cent. Code § 9-13-11 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-11
9-13-11. Rescinding acceptance
Status: in_force

9-13-11. Rescinding acceptance

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 is received, such person is insolvent and this fact is

unknown to the creditor; or

3. Before the creditor with reasonable diligence can present the order to the person upon

whom it is given, that person becomes insolvent.
N.D. Cent. Code § 9-06-09 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-09
9-06-09. Law of transfers of property applies
Status: in_force

9-06-09. Law of transfers of property applies

The provisions of the laws of this state concerning the delivery of grants, absolute and

conditional, apply to all written contracts.
N.D. Cent. Code § 9-10-06 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-06
9-10-06. Willful acts and negligence - Liability
Status: in_force

9-10-06. Willful acts and negligence - Liability

A person is responsible not only for the result of the person's willful acts but also for an

injury occasioned to another by the person's want of ordinary care or skill in the management of

the person's property or self. The extent of the liability in such cases is defined by sections

32-03-01 through 32-03-18.
N.D. Cent. Code § 9-03-14 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-14
9-03-14. Mistake of law defined
Status: in_force

9-03-14. Mistake of law defined

Mistake of law constitutes a mistake within the meaning of this title only when it arises from:

1. A misapprehension of the law by all parties, all supposing that they knew and

understood it and all making substantially the same mistake as to the law; or

2. A misapprehension of the law by one party of which the others are aware at the time of

contracting, but which they do not rectify.
N.D. Cent. Code § 9-03-07 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-07
9-03-07. Fraud classified
Status: in_force

9-03-07. Fraud classified

Fraud is either actual or constructive.
N.D. Cent. Code § 9-03-01 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-01
9-03-01. Requisites of consent
Status: in_force

9-03-01. Requisites of consent

The consent of the parties to a contract must be:

1. Free;

2. Mutual; and

3. Communicated by each to the other.
N.D. Cent. Code § 9-13-09 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-09
9-13-09. Novation - Created by contract
Status: in_force

9-13-09. Novation - Created by contract

Novation is made by contract and is subject to all the rules concerning contracts in general.
N.D. Cent. Code § 9-07-21 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-21
9-07-21. Things incidental to contract - When and when not implied
Status: in_force

9-07-21. Things incidental to contract - When and when not implied

All things that in law or usage are considered as incidental to a contract or as necessary to

carry it into effect are implied therefrom, unless some of them are mentioned expressly therein.

In such case, all other things of the same class are deemed to be excluded.
N.D. Cent. Code § 9-10-07 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-07
9-10-07. Comparative negligence
Status: repealed

9-10-07. Comparative negligence

Repealed by S.L. 1987, ch. 404, § 13, as amended by S.L. 1993, ch. 324, § 1.
N.D. Cent. Code § 9-09-02 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-02
9-09-02. Rescission - When permitted
Status: in_force

9-09-02. Rescission - When permitted

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 the connivance of the party as to whom the party

rescinding rescinds or of any other party to the contract jointly interested with such

party;

2. If through the fault of the party as to whom the party rescinding rescinds the

consideration for the rescinding party's obligation fails in whole or in part;

3. If such consideration becomes entirely void from any cause;

4. If such consideration before it is rendered to the party rescinding fails in a material

respect from any cause; or

5. By consent of all of the other parties.
N.D. Cent. Code § 9-07-03 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-03
9-07-03. Contract interpreted to give effect to mutual intention
Status: in_force

9-07-03. Contract interpreted to give effect to mutual intention

A contract must be so interpreted as to give effect to the mutual intention of the parties as it

existed at the time of contracting so far as the same is ascertainable and lawful. For the purpose

of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in

this chapter are to be applied.
N.D. Cent. Code § 9-06-06 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-06
9-06-06. Auction sale - Auctioneer memorandum sufficient
Status: in_force

9-06-06. Auction sale - Auctioneer memorandum sufficient

When a sale of any goods or choses in action is made by auction, an entry by the

auctioneer in the auctioneer's salebook at the time of the sale of the kind of property sold, the

terms of sale, the price, and names of the purchaser and person on whose account the sale is

made is a sufficient memorandum.
N.D. Cent. Code § 9-12-11 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-11
9-12-11. Offer of performance - Place made
Status: in_force

9-12-11. Offer of performance - Place made

In the absence of an express provision to the contrary, an offer of performance may be

made at the option of the debtor:

1. At any place appointed by the creditor;

2. Wherever the person to whom the offer ought to be made can be found; or

3. If such person cannot with reasonable diligence be found within this state and within a

reasonable distance from that person's residence or place of business, or if that

person evades the debtor, at that person's residence or place of business if the same

with reasonable diligence can be found within the state, or if this cannot be done, then

at any place within this state.
N.D. Cent. Code § 9-07-06 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-06
9-07-06. Contract interpreted as a whole
Status: in_force

9-07-06. Contract interpreted as a whole

The whole of a contract is to be taken together so as to give effect to every part if

reasonably practicable. Each clause is to help interpret the others.
N.D. Cent. Code § 9-07-22 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-22
9-07-22. Rules governing time of performance when not specified
Status: in_force

9-07-22. Rules governing time of performance when not specified

If no time is specified for the performance of an act required to be performed, a reasonable

time is allowed. If the act in its nature is capable of being done instantly, as for example if it

consists in the payment of money only, it must be performed immediately upon the thing to be

done being exactly ascertained.
N.D. Cent. Code § 9-14-06 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-06
9-14-06. Financial requirements
Status: in_force

9-14-06. Financial requirements

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 invention development business in this state during the

invention developer's preceding fiscal year, or twenty-five thousand dollars, whichever

is larger. A copy of the bond must be approved by the attorney general and filed with

the secretary of state before the invention developer renders or offers to render

invention development services in this state. The invention developer has ninety days

after the end of each fiscal year within which to change the bond as may be necessary

to conform to the requirements of this subsection.

2. The bond required by subsection 1 must be in favor of the state of North Dakota for

the benefit of any person who, after entering into a contract for invention development

services with an invention developer, is damaged by fraud or dishonesty of the

invention developer in performance of the contract, by the insolvency or the cessation

of business by the invention developer, or by the intentional violation of this chapter by

the invention developer. Any person claiming against the bond may maintain a claim

for relief against the invention developer and the surety company.

The aggregate liability of the surety company to all persons for all breaches of

conditions of the bond may not exceed the amount of the bond.

3. In lieu of the bond required by subsection 1, the invention developer may deposit with

the Bank of North Dakota a cash deposit in the like amount. The Bank of North Dakota

may not refund a deposit until sixty days after either the invention developer has

ceased doing business in the state or a bond has been filed which complies with

subsections 1 and 2.
N.D. Cent. Code § 9-04-03 — ND Code / Title 9 / Chapter 9-04 / Section 9-04-03
9-04-03. Unlawful, impossible, or unascertainable object voids contract
Status: in_force

9-04-03. Unlawful, impossible, or unascertainable object voids contract

When a contract has but a single object, and such object is unlawful in whole or in part, or

wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the

entire contract is void.
N.D. Cent. Code § 9-07-02 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-02
9-07-02. Language of contract governs if clear
Status: in_force

9-07-02. Language of contract governs if clear

The language of a contract is to govern its interpretation if the language is clear and explicit

and does not involve an absurdity.
N.D. Cent. Code § 9-16-13 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-13
9-16-13. Automated transactions
Status: in_force

9-16-13. Automated transactions

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 formed by the interaction of an electronic agent and an individual,

acting on the individual's own behalf or for another person, including by an interaction

in which the individual performs actions that the individual is free to refuse to perform

and which the individual knows or has reason to know will cause the electronic agent

to complete the transaction or performance.

3. The terms of the contract are determined by the substantive law applicable to the

contract.
N.D. Cent. Code § 9-09-01 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-01
9-09-01. Extinction of contracts
Status: in_force

9-09-01. Extinction of contracts

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. Cent. Code § 9-06-07 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-07
9-06-07. Written contract supersedes oral negotiations
Status: in_force

9-06-07. Written contract supersedes oral negotiations

The execution of a contract in writing, whether the law requires it to be written or not,

supersedes all the oral negotiations or stipulations concerning its matter which preceded or

accompanied the execution of the instrument.
N.D. Cent. Code § 9-14-03 — ND Code / Title 9 / Chapter 9-14 / Section 9-14-03
9-14-03. Right of cancellation
Status: in_force

9-14-03. Right of cancellation

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 customer sign the contract and the customer receives a

fully executed copy of it. Written notice of cancellation may be delivered personally or

by mail. If given by mail, the notice is effective upon placement in the possession of

the United States postal service, properly addressed and first-class postage prepaid.

Notice of cancellation need not take a particular form and is sufficient if it indicates, by

any form of written expression, the intention of the customer not to be bound by the

contract. Within ten business days after receipt of the notice of cancellation, the

invention developer shall deliver to the customer, personally or by mail, all moneys

paid, any note or other evidence of indebtedness, and all materials provided by the

customer.

2. Every contract for invention development services must contain the following

statement in ten-point boldface type immediately above the place where the customer

signs the contract:

The three-business-day period during which you may cancel this contract for any

reason by mailing or delivering written notice to the invention developer will expire

on (last date to mail or deliver notice). If you choose to mail your notice, it must

be placed in the United States mail addressed to (name of invention developer),

at (address of invention developer's place of business) with first-class postage

prepaid before midnight of this date. If you choose to personally deliver your

notice to the invention developer, it must be delivered to the invention developer

by five p.m. on this date.
N.D. Cent. Code § 9-08-04 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-04
9-08-04. Fixing damages for breach void - Exception
Status: in_force

9-08-04. Fixing damages for breach void - Exception

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 a breach in cases in which it would be impracticable or extremely difficult to fix the

actual damage.
N.D. Cent. Code § 9-01-07 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-07
9-01-07. Joint obligation - Presumption
Status: in_force

9-01-07. Joint obligation - Presumption

An obligation imposed upon several persons, or a right created in favor of several persons,

is presumed to be joint and not several, except in the special cases mentioned in chapter 9-07.

This presumption in the case of a right can be overcome only by express words to the contrary.
N.D. Cent. Code § 9-03-18 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-18
9-03-18. Mode of communication of acceptance
Status: in_force

9-03-18. Mode of communication of acceptance

If a proposal prescribes any conditions concerning the communication of its acceptance, the

proposer is not bound unless they are conformed to. In other cases any reasonable and usual

mode may be adopted.
N.D. Cent. Code § 9-03-13 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-13
9-03-13. Mistake of fact defined
Status: in_force

9-03-13. Mistake of fact defined

Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the

person making the mistake and consisting in:

1. An unconscious ignorance or forgetfulness of a fact, past or present, material to the

contract; or

2. Belief in the present existence of a thing material to the contract which does not exist,

or in the past existence of such a thing which has not existed.
N.D. Cent. Code § 9-06-01 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-01
9-06-01. Express and implied contracts defined
Status: in_force

9-06-01. Express and implied contracts defined

A contract is either express or implied. An express contract is one the terms of which are

stated in words. An implied contract is one the existence and terms of which are manifested by

conduct.
N.D. Cent. Code § 9-15.2-06 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-06
9-15.2-06. Suspension, revocation, or refusal to renew registration
Status: in_force

9-15.2-06. Suspension, revocation, or refusal to renew registration

1. The secretary of state may limit, suspend, revoke, or refuse to renew a registration of

an individual registered under subsection 1 of section 9-15.2-05 for conduct that would

have justified refusal to issue a certificate of registration under subsection 2 of section

9-15.2-05.

2. The secretary of state may suspend or revoke the registration of an individual

registered under subsection 3 of section 9-15.2-04 or renewed under subsection 5 of

section 9-15.2-05 for any reason for which the secretary of state could have refused to

grant or renew registration or for conduct that would justify refusal to issue a certificate

of registration under subsection 2 of section 9-15.2-05.
N.D. Cent. Code § 9-11-03 — ND Code / Title 9 / Chapter 9-11 / Section 9-11-03
9-11-03. Transfer of burden requires beneficiary's consent
Status: in_force

9-11-03. Transfer of burden requires beneficiary's consent

The burden of an obligation may be transferred with the consent of the party entitled to its

benefit, but not otherwise, except as provided by section 47-04-29.
N.D. Cent. Code § 9-12-04 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-04
9-12-04. Performance directed by creditor
Status: in_force

9-12-04. Performance directed by creditor

If a creditor, or any one of two or more joint creditors, at any time directs the debtor to

perform the debtor's obligation in a particular manner, the obligation is extinguished by

performance in that manner even though the creditor does not receive the benefit of such

performance.
N.D. Cent. Code § 9-09-08 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-08
9-09-08. Cancellation or destruction of contract - Effect
Status: in_force

9-09-08. Cancellation or destruction of contract - Effect

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 to the act.

When a contract is executed in duplicate, an alteration or destruction of one copy while the

other exists is not within the provisions of this section.
N.D. Cent. Code § 9-01-01 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-01
9-01-01. Definitions
Status: in_force

9-01-01. Definitions

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

1. A contract is an agreement to do or not to do a certain thing.

2. An obligation is a legal duty by which a person is bound to do or not to do a certain

thing.
N.D. Cent. Code § 9-03-10 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-10
9-03-10. Actual fraud is question of fact
Status: in_force

9-03-10. Actual fraud is question of fact

Actual fraud is always a question of fact.
N.D. Cent. Code § 9-15.2-18 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-18
9-15.2-18. Relation to the Electronic Signatures in Global and National Commerce Act
Status: in_force

9-15.2-18. Relation to the Electronic Signatures in Global and National Commerce

Act.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede

section 101(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the

notices described in section 103(b) of that Act, 15 U.S.C. 7003(b).
N.D. Cent. Code § 9-03-15 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-15
9-03-15. Mistake of foreign laws
Status: in_force

9-03-15. Mistake of foreign laws

Mistake of foreign laws is a mistake of fact.
N.D. Cent. Code § 9-10-03 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-03
9-10-03. Damages for deceit
Status: in_force

9-10-03. Damages for deceit

One who willfully deceives another with intent to induce that person to alter that person's

position to that person's injury or risk is liable for any damage which that person thereby suffers.
N.D. Cent. Code § 9-16-07 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-07
9-16-07. Provision of information in writing - Presentation of records
Status: in_force

9-16-07. Provision of information in writing - Presentation of records

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 electronic record capable of retention by the recipient at the time of

receipt. An electronic record is not capable of retention by the recipient if the sender or

the sender's information processing system inhibits the ability of the recipient to print

or store the electronic record.

2. If a law other than this chapter requires a record to be posted or displayed in a certain

manner, to be sent, communicated, or transmitted by a specified method, or to contain

information that is formatted in a certain manner, the following rules apply:

a. The record must be posted or displayed in the manner specified in the other law.

b. Except as otherwise provided in subdivision b of subsection 4, the record must be

sent, communicated, or transmitted by the method specified in the other law.

c. The record must contain the information formatted in the manner specified in the

other law.

3. If a sender inhibits the ability of a recipient to store or print an electronic record, the

electronic record is not enforceable against the recipient.

4. The requirements of this section may not be varied by agreement, but:

a. To the extent a law other than this chapter requires information to be provided,

sent, or delivered in writing but permits that requirement to be varied by

agreement, the requirement under subsection 1 that the information be in the

form of an electronic record capable of retention may also be varied by

agreement; and

b. A requirement under a law other than this chapter to send, communicate, or

transmit a record by United States mail first-class postage prepaid may be varied

by agreement to the extent permitted by the other law.
N.D. Cent. Code § 9-12-24 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-24
9-12-24. Deposit extinguishes obligation
Status: in_force

9-12-24. Deposit extinguishes obligation

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.
N.D. Cent. Code § 9-01-05 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-05
9-01-05. Origin and enforcement of obligations
Status: in_force

9-01-05. Origin and enforcement of obligations

An obligation arises from:

1. The contract of the parties; or

2. The operation of law.

An obligation arising from operation of law may be enforced in the manner provided by law or by

civil action or proceeding.
N.D. Cent. Code § 9-12-06 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-06
9-12-06. Payment defined
Status: in_force

9-12-06. Payment defined

Performance of an obligation for the delivery of money only is called payment.
N.D. Cent. Code § 9-07-04 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-04
9-07-04. Intention ascertained from writing alone if possible
Status: in_force

9-07-04. Intention ascertained from writing alone if possible

When a contract is reduced to writing, the intention of the parties is to be ascertained from

the writing alone if possible, subject, however, to the other provisions of this chapter.
N.D. Cent. Code § 9-12-13 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-13
9-12-13. Time for performance not fixed
Status: in_force

9-12-13. Time for performance not fixed

When an obligation does not fix a time for its performance, an offer of performance may be

made at any time before the debtor, upon a reasonable demand, has refused to perform.
N.D. Cent. Code § 9-12-05 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-05
9-12-05. Partial performance - Extinction pro tanto
Status: in_force

9-12-05. Partial performance - Extinction pro tanto

A partial performance of an indivisible obligation extinguishes a corresponding proportion

thereof if the benefit of such performance is retained voluntarily by the creditor, but not

otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining

it without injuring the creditor's own property, the creditor's retention thereof is not presumed to

be voluntary.
N.D. Cent. Code § 9-16-09 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-09
9-16-09. Effect of change or error
Status: in_force

9-16-09. Effect of change or error

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 party has not, and the

nonconforming party would have detected the change or error had that party also

conformed, the conforming party may avoid the effect of the changed or erroneous

electronic record.

2. In an automated transaction involving an individual, the individual may avoid the effect

of an electronic record that resulted from an error made by the individual in dealing

with the electronic agent of another person if the electronic agent did not provide an

opportunity for the prevention or correction of the error and, at the time the individual

learns of the error, the individual:

a. Promptly notifies the other person of the error and that the individual did not

intend to be bound by the electronic record received by the other person;

b. Takes reasonable steps, including steps that conform to the other person's

reasonable instructions, to return to the other person or, if instructed by the other

person, to destroy the consideration received, if any, as a result of the erroneous

electronic record; and

c. Has not used or received any benefit or value from the consideration, if any,

received from the other person.

3. If neither subsection 1 nor subsection 2 applies, the change or error has the effect

provided by other law, including the law of mistake, and the parties' contract, if any.

4. Subsections 2 and 3 may not be varied by agreement.
N.D. Cent. Code § 9-01-06 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-06
9-01-06. Obligations classified
Status: in_force

9-01-06. Obligations classified

An obligation imposed upon several persons, or a right created in favor of several persons,

may be:

1. Joint;

2. Several; or

3. Joint and several.
N.D. Cent. Code § 9-03-06 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-06
9-03-06. Menace defined
Status: in_force

9-03-06. Menace defined

Menace consists in a threat:

1. Of unlawful confinement of the person of a party to a contract, of the husband or wife

of such party, or of an ancestor, descendant, or adopted child of such party, husband,

or wife, or of confinement of such person, lawful in form but fraudulently obtained, or

fraudulently made unjustly harassing or oppressive;

2. Of unlawful and violent injury to the person or property of any person specified in

subsection 1 hereof; or

3. Of injury to the character of any such person.
N.D. Cent. Code § 9-15.2-07 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-07
9-15.2-07. Temporary registration
Status: in_force

9-15.2-07. Temporary registration

The secretary of state may issue a temporary certificate of registration as an athlete agent

while an application for registration or renewal of registration is pending.
N.D. Cent. Code § 9-16-14 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-14
9-16-14. Time and place of sending and receipt
Status: in_force

9-16-14. Time and place of sending and receipt

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

electronic records or information of the type sent and from which the recipient is

able to retrieve the electronic record;

b. Is in a form capable of being processed by that system; and

c. Enters an information processing system outside the control of the sender or of a

person that sent the electronic record on behalf of the sender or enters a region

of the information processing system designated or used by the recipient which is

under the control of the recipient.

2. Unless otherwise agreed between a sender and the recipient, an electronic record is

received when:

a. The record enters an information processing system that the recipient has

designated or uses for the purpose of receiving electronic records or information

of the type sent and from which the recipient is able to retrieve the electronic

record; and

b. The record is in a form capable of being processed by that system.

3. Subsection 2 applies even if the place the information processing system is located is

different from the place the electronic record is deemed to be received under

subsection 4.

4. Unless otherwise expressly provided in the electronic record or agreed between the

sender and the recipient, an electronic record is deemed to be sent from the sender's

place of business and to be received at the recipient's place of business. For purposes

of this subsection:

a. If the sender or recipient has more than one place of business, the place of

business of that person is the place having the closest relationship to the

underlying transaction.

b. If the sender or the recipient does not have a place of business, the place of

business is the sender's or recipient's residence, as the case may be.

5. An electronic record is received under subsection 2 even if no individual is aware of

the record's receipt.

6. Receipt of an electronic acknowledgment from an information processing system

described in subsection 2 establishes that a record was received but, by itself, does

not establish that the content sent corresponds to the content received.

7. If a person is aware that an electronic record purportedly sent under subsection 1, or

purportedly received under subsection 2, was not actually sent or received, the legal

effect of the sending or receipt is determined by other applicable law. Except to the

extent permitted by the other law, this subsection may not be varied by agreement.
N.D. Cent. Code § 9-01-20 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-20
9-01-20. Option - Valid act prevails
Status: in_force

9-01-20. Option - Valid act prevails

If one of the alternative acts required by an obligation is such as the law will not enforce, or

if it becomes unlawful or impossible of performance, the obligation is to be interpreted as though

the other stood alone.
N.D. Cent. Code § 9-03-03 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-03
9-03-03. What renders apparent consent not free
Status: in_force

9-03-03. What renders apparent consent not free

An apparent consent is not real or free when obtained through:

1. Duress;

2. Menace;

3. Fraud;

4. Undue influence; or

5. Mistake.
N.D. Cent. Code § 9-12-08 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-08
9-12-08. Extinction by offer - Exception
Status: in_force

9-12-08. Extinction by offer - Exception

An obligation is extinguished by an offer of performance made in conformity to the

provisions set out in this chapter and with intent to extinguish the obligation. An offer of partial

performance, however, is of no effect.
N.D. Cent. Code § 9-01-03 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-03
9-01-03. Executed and executory contracts defined
Status: in_force

9-01-03. Executed and executory contracts defined

An executed contract is one, the object of which is performed fully. All other contracts are

executory.
N.D. Cent. Code § 9-12-01 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-01
9-12-01. Extinction by full performance
Status: in_force

9-12-01. Extinction by full performance

Upon acceptance by the creditor, full performance extinguishes an obligation if done by the

party whose duty it is to perform it or by any other person on that party's behalf and with that

party's assent.
N.D. Cent. Code § 9-16-01 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-01
9-16-01. Definitions
Status: in_force

9-16-01. Definitions

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 transaction" means a transaction conducted or performed, in whole or in

part, by electronic means or electronic records, in which the acts or records of one or

both parties are not reviewed by an individual in the ordinary course in forming a

contract, performing under an existing contract, or fulfilling an obligation required by

the transaction.

3. "Computer program" means a set of statements or instructions to be used directly or

indirectly in an information processing system in order to bring about a certain result.

4. "Contract" means the total legal obligation resulting from the parties' agreement as

affected by this chapter and other applicable law.

5. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,

optical, electromagnetic, or similar capabilities.

6. "Electronic agent" means a computer program or an electronic or other automated

means used independently to initiate an action or respond to electronic records or

performances, in whole or in part, without review or action by an individual.

7. "Electronic record" means a record created, generated, sent, communicated, received,

or stored by electronic means.

8. "Electronic signature" means an electronic sound, symbol, or process attached to or

logically associated with a record and executed or adopted by a person with the intent

to sign the record.

9. "Governmental agency" means an executive, legislative, or judicial agency,

department, board, commission, authority, institution, or instrumentality of the state.

10. "Information" means data, text, images, sounds, codes, computer programs, software,

databases, or the like.

11. "Information processing system" means an electronic system for creating, generating,

sending, receiving, storing, displaying, or processing information.

12. "Record" means information that is inscribed on a tangible medium or which is stored

in an electronic or other medium and is retrievable in perceivable form.

13. "Security procedure" means a procedure employed for the purpose of verifying that an

electronic signature, record, or performance is that of a specific person or for detecting

changes or errors in the information in an electronic record. The term includes a

procedure that requires the use of algorithms or other codes, identifying words or

numbers, encryption, or callback or other acknowledgment procedures.

14. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan

native village, which is recognized by federal law or formally acknowledged by a state.

15. "Transaction" means an action or set of actions occurring between two or more

persons relating to the conduct of business, commercial, or governmental affairs.

16. "Writing" or "written" includes blockchain technology as defined in section 9-16-19.
N.D. Cent. Code § 9-03-09 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-09
9-03-09. Constructive fraud defined
Status: in_force

9-03-09. Constructive fraud defined

Constructive fraud consists:

1. In any breach of duty which, without an actually fraudulent intent, gains an advantage

to the person in fault or anyone claiming under that person, by misleading another to

the other's prejudice or to the prejudice of anyone claiming under the other; or

2. In any such act or omission as the law specially declares to be fraudulent without

respect to actual fraud.
N.D. Cent. Code § 9-15.2-15 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-15
9-15.2-15. Civil remedy
Status: in_force

9-15.2-15. Civil remedy

1. An educational institution or student-athlete may bring an action for damages against

an athlete agent if the institution or athlete is adversely affected by an act or omission

of the agent in violation of this chapter. An educational institution or student-athlete is

adversely affected by an act or omission of the agent only if, because of the act or

omission, the institution or an individual who was a student-athlete at the time of the

act or omission and enrolled in the institution:

a. Is suspended or disqualified from participation in an interscholastic or

intercollegiate sports event by or under the rules of a state or national federation

or association that promotes or regulates interscholastic or intercollegiate sports;

or

b. Suffers financial damage.

2. A plaintiff that prevails in an action under this section may recover damages, costs,

and reasonable attorney's fees. An athlete agent found liable under this section forfeits

any right of payment for anything of benefit or value provided to the student-athlete

and shall refund any consideration paid to the agent by or on behalf of the athlete.
N.D. Cent. Code § 9-01-21 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-21
9-01-21. Property service contracts - Exemption
Status: in_force

9-01-21. Property service contracts - Exemption

1. The marketing, selling, offering for sale, issuing, making, providing, or proposing to

make and the administering of a property service contract or vehicle theft protection

product warranty is not subject to the provisions of title 26.1.

2. A property service contract is a contract or agreement for a separately stated

consideration, for a specific duration, to provide for the repair, replacement, or

maintenance or for the indemnification for the repair, replacement, or maintenance of

new or used property if an operational or structural failure is due to a defect in

materials, manufacturing, or normal wear and tear. Property covered under a property

service contract may include motor vehicles; residential appliances; residential

systems, including plumbing, electrical, heating, cooling, and ventilation; and other

residential property. The contract may provide coverage for:

a. Damage to property resulting from power surges;

b. Accidental damage to property resulting from handling;

c. Payment of indemnity for incidental damages, such as food spoilage, towing, and

rental and emergency road service;

d. The repair or replacement of tires and wheels on a motor vehicle damaged as a

result of coming into contact with a road hazard;

e. The removal of dents, dings, or creases on a motor vehicle which can be repaired

using the process of paintless dent removal without affecting the existing paint

finish and without sanding, bonding, painting, or replacing a vehicle body panel;

f. The repair of small motor vehicle windshield chips or cracks which may include

replacement of the windshield for chips or cracks that cannot be repaired;

g. The replacement of a motor vehicle key or key fob if the key or key fob becomes

inoperable, lost, or stolen; or

h. In conjunction with a motor vehicle leased for use, the repair, replacement, or

maintenance of property, or indemnification for repair, replacement, or

maintenance, due to excess wear and use or damage to items, including tires,

paint cracks or chips, missing interior or exterior parts, or excess mileage

resulting in a lease-end charge, or any other charge for damage deemed excess

wear and use by a lessor under a motor vehicle lease, provided the payment may

not exceed the purchase price of the vehicle.

3. Under a vehicle theft protection program warranty, incidental costs may be reimbursed

in either a fixed amount specified in the warranty or by use of a formula itemizing

specific incidental costs incurred by the warranty holder. Payments may not duplicate

any benefits or expenses paid to the warranty holder by an insurer providing

comprehensive coverage under a motor vehicle insurance policy covering the stolen

motor vehicle. However, the payment of incidental costs at a pre-established, flat

amount of seven thousand five hundred dollars or less does not duplicate any benefits

or expenses payable under the comprehensive motor vehicle insurance policy.

4. For the purpose of this section, unless the context otherwise requires:

a. "Incidental costs" means expenses specified in a vehicle theft protection program

warranty and incurred by the warranty holder due to the failure of a vehicle theft

protection program to perform as provided in the contract.

b. "Road hazard" means a hazard encountered while driving a motor vehicle which

includes potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or

composite scraps.

c. "Vehicle theft protection product" means a device or system installed on or

applied to a motor vehicle, which is designed to prevent loss or damage to a

motor vehicle from theft, and includes a vehicle theft protection program warranty.

d. "Vehicle theft protection product warranty" means a written agreement by a

warrantor which provides, if the vehicle theft protection product fails to prevent

loss or damage to a motor vehicle from theft, the warrantor will pay to or on

behalf of the warranty holder specified incidental costs resulting from the failure

or the vehicle theft protection product to perform pursuant to the terms of the

vehicle theft protection product warranty.
N.D. Cent. Code § 9-16-15 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-15
9-16-15. Transferable records
Status: in_force

9-16-15. Transferable records

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.

2. A person has control of a transferable record if a system employed for evidencing the

transfer of interests in the transferable record reliably establishes that person as the

person to which the transferable record was issued or transferred.

3. A system satisfies subsection 2, and a person is deemed to have control of a

transferable record, if the transferable record is created, stored, and assigned in such

a manner that:

a. A single authoritative copy of the transferable record exists which is unique,

identifiable, and, except as otherwise provided in subdivisions d, e, and f,

unalterable;

b. The authoritative copy identifies the person asserting control as:

(1) The person to which the transferable record was issued; or

(2) If the authoritative copy indicates that the transferable record has been

transferred, the person to which the transferable record was most recently

transferred;

c. The authoritative copy is communicated to and maintained by the person

asserting control or its designated custodian;

d. Copies or revisions that add or change an identified assignee of the authoritative

copy can be made only with the consent of the person asserting control;

e. Each copy of the authoritative copy and any copy of a copy is readily identifiable

as a copy that is not the authoritative copy; and

f. Any revision of the authoritative copy is readily identifiable as authorized or

unauthorized.

4. Except as otherwise agreed, a person having control of a transferable record is the

holder, as defined in section 41-01-09, of the transferable record and has the same

rights and defenses as a holder of an equivalent record or writing under title 41,

including, if the applicable statutory requirements under subsection 1 of section

41-03-28, section 41-07-30, or section 41-09-29 are satisfied, the rights and defenses

of a holder in due course, a holder to which a negotiable document of title has been

duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement

are not required to obtain or exercise any of the rights under this subsection.

5. Except as otherwise agreed, an obligor under a transferable record has the same

rights and defenses as an equivalent obligor under equivalent records or writings

under title 41.

6. If requested by a person against which enforcement is sought, the person seeking to

enforce the transferable record shall provide reasonable proof that the person is in

control of the transferable record. Proof may include access to the authoritative copy

of the transferable record and related business records sufficient to review the terms of

the transferable record and to establish the identity of the person having control of the

transferable record.
N.D. Cent. Code § 9-03-22 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-22
9-03-22. When proposal revocable
Status: in_force

9-03-22. When proposal revocable

A proposal may be revoked at any time before its acceptance is communicated to the

proposer, but not afterwards, except as provided by section 41-02-12.
N.D. Cent. Code § 9-15.2-16 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-16
9-15.2-16. Civil penalty
Status: in_force

9-15.2-16. Civil penalty

The secretary of state may assess a civil penalty against an athlete agent not to exceed fifty

thousand dollars for a violation of this chapter.
N.D. Cent. Code § 9-07-23 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-23
9-07-23. When time is essence of contract
Status: in_force

9-07-23. When time is essence of contract

Time is of the essence of a contract if it is provided expressly by the terms of the contract or

if such was the intention of the parties as disclosed thereby.
N.D. Cent. Code § 9-07-14 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-14
9-07-14. Interpreted as promisor believed promisee understood it
Status: in_force

9-07-14. Interpreted as promisor believed promisee understood it

If the terms of a promise in any respect are ambiguous or uncertain, it must be interpreted

in the sense in which the promisor believed at the time of making it that the promisee

understood it.
N.D. Cent. Code § 9-05-03 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-03
9-05-03. Lawful consideration required
Status: in_force

9-05-03. Lawful consideration required

The consideration of a contract must be lawful within the meaning of section 9-08-01.
N.D. Cent. Code § 9-12-12 — ND Code / Title 9 / Chapter 9-12 / Section 9-12-12
9-12-12. Time for performance fixed
Status: in_force

9-12-12. Time for performance fixed

When an obligation fixes a time for its performance, an offer of performance must be made

at that time, within reasonable hours, and not before nor afterwards.
N.D. Cent. Code § 9-15.2-13 — ND Code / Title 9 / Chapter 9-15.2 / Section 9-15.2-13
9-15.2-13. Prohibited conduct
Status: in_force

9-15.2-13. Prohibited conduct

An athlete agent may not intentionally:

1. Give a student-athlete or, if the athlete is a minor, give a parent or guardian of the

athlete materially false or misleading information or make a materially false promise or

representation with the intent to influence the athlete, parent, or guardian to enter an

agency contract;

2. Furnish anything of value to a student-athlete or another individual, if to do so may

result in loss of the athlete's eligibility to participate in the athlete's sport, unless:

a. The agent notifies the athletic director of the educational institution at which the

athlete is enrolled or at which the agent has reasonable grounds to believe the

athlete intends to enroll, not later than seventy-two hours after giving the thing of

value; and

b. The athlete or, if the athlete is a minor, the parent or guardian of the athlete

acknowledges to the agent in a record that receipt of the thing of value may result

in loss of the athlete's eligibility to participate in the athlete's sport;

3. Initiate contact, directly or indirectly, with a student-athlete or, if the athlete is a minor, a

parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to

enter an agency contract unless registered under this chapter;

4. Fail to create, retain, or permit inspection of the records required by section 9-15.2-12;

5. Fail to register when required by section 9-15.2-03;

6. Provide materially false or misleading information in an application for registration or

renewal of registration;

7. Predate or postdate an agency contract;

8. Fail to notify a student-athlete or, if the athlete is a minor, a parent or guardian of the

athlete, before the athlete, parent, or guardian signs an agency contract for a particular

sport that the signing may result in loss of the athlete's eligibility to participate in the

athlete's sport;

9. Encourage another individual to do any of the acts described in subsections 1

through 8 on behalf of the agent; or

10. Encourage another individual to assist any other individual in doing any of the acts

described in subsections 1 through 8 on behalf of the agent.
N.D. Cent. Code § 9-01-08 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-08
9-01-08. Joint obligation - Contribution
Status: in_force

9-01-08. Joint obligation - Contribution

A party to a joint obligation or to a joint and several obligation who satisfies more than that

party's share of the claim against all obligors may require a proportionate contribution from all

the parties joined with that party.
N.D. Cent. Code § 9-05-10 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-10
9-05-10. Written instrument - Presumption of consideration
Status: in_force

9-05-10. Written instrument - Presumption of consideration

A written instrument is presumptive evidence of a consideration.
N.D. Cent. Code § 9-09-07 — ND Code / Title 9 / Chapter 9-09 / Section 9-09-07
9-09-07. Destruction or cancellation by consent
Status: in_force

9-09-07. Destruction or cancellation by consent

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. Cent. Code § 9-03-08 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-08
9-03-08. Actual fraud defined
Status: in_force

9-03-08. Actual fraud defined

Actual fraud within the meaning of this title consists in any of the following acts committed

by a party to the contract, or with the party's connivance, with intent to deceive another party

thereto or to induce the other party to enter into the contract:

1. The suggestion as a fact of that which is not true by one who does not believe it to be

true;

2. The positive assertion, in a manner not warranted by the information of the person

making it, of that which is not true though that person believes it to be true;

3. The suppression of that which is true by one having knowledge or belief of the fact;

4. A promise made without any intention of performing it; or

5. Any other act fitted to deceive.
N.D. Cent. Code § 9-05-05 — ND Code / Title 9 / Chapter 9-05 / Section 9-05-05
9-05-05. Consideration executed or executory
Status: in_force

9-05-05. Consideration executed or executory

A consideration may be executed or executory in whole or in part. Insofar as it is executory,

it is subject to the provisions of chapter 9-04 relating to the object of a contract.
N.D. Cent. Code § 9-16-18 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-18
9-16-18. Interoperability
Status: in_force

9-16-18. Interoperability

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 this state. If appropriate, those standards may specify differing levels

of standards from which governmental agencies of this state may choose in implementing the

most appropriate standard for a particular application.
N.D. Cent. Code § 9-06-02 — ND Code / Title 9 / Chapter 9-06 / Section 9-06-02
9-06-02. What contracts may be oral
Status: in_force

9-06-02. What contracts may be oral

All contracts may be oral except such as are specially required by statute to be in writing.
N.D. Cent. Code § 9-01-10 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-10
9-01-10. Conditions of obligation - Classification
Status: in_force

9-01-10. Conditions of obligation - Classification

Conditions may be precedent, concurrent, or subsequent.
N.D. Cent. Code § 9-16-12 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-12
9-16-12. Admissibility in evidence
Status: in_force

9-16-12. Admissibility in evidence

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

in electronic form.
N.D. Cent. Code § 9-03-21 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-21
9-03-21. Acceptance must be absolute
Status: in_force

9-03-21. Acceptance must be absolute

Except as provided by section 41-02-14, an acceptance must be absolute and unqualified,

or must include in itself an acceptance of that character which the proposer can separate from

the rest and which will conclude the person accepting. A qualified acceptance is a new proposal.
N.D. Cent. Code § 9-10-05 — ND Code / Title 9 / Chapter 9-10 / Section 9-10-05
9-10-05. Restoration of property taken without consent - Exceptions
Status: in_force

9-10-05. Restoration of property taken without consent - Exceptions

One who obtains a thing without the consent of its owner, or by a consent afterwards

rescinded, or by an unlawful exaction which the owner at the time could not refuse with

prudence, shall restore it without demand to the person from whom it was obtained except in the

following cases:

1. When the person has acquired a title thereto superior to that of the person from whom

the property was taken;

2. When the transaction is corrupt and unlawful on both sides; or

3. When a thing is obtained by mutual mistake, and in such case the party obtaining the

thing is not bound to return it until that person has notice of the mistake.
N.D. Cent. Code § 9-01-14 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-14
9-01-14. Conditions unlawful or impossible
Status: in_force

9-01-14. Conditions unlawful or impossible

A condition in a contract, the fulfillment of which is impossible or unlawful within the

meaning of chapter 9-04 or which is repugnant to the nature of the interest created by the

contract, is void.
N.D. Cent. Code § 9-01-19 — ND Code / Title 9 / Chapter 9-01 / Section 9-01-19
9-01-19. Option - Selection in entirety
Status: in_force

9-01-19. Option - Selection in entirety

The party having the right of selection between alternative acts shall select one of them in

its entirety and cannot select part of one and part of another without the consent of the other

party.
N.D. Cent. Code § 9-13-02 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-02
9-13-02. Extension to known claims
Status: in_force

9-13-02. Extension to known claims

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.
N.D. Cent. Code § 9-08-07 — ND Code / Title 9 / Chapter 9-08 / Section 9-08-07
9-08-07. In restraint of marriage void
Status: in_force

9-08-07. In restraint of marriage void

Every contract in restraint of the marriage of any person, other than a minor, is void.
N.D. Cent. Code § 9-16-11 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-11
9-16-11. Retention of electronic records - Originals
Status: in_force

9-16-11. Retention of electronic records - Originals

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 record or otherwise; and

b. Remains accessible for later reference.

2. A requirement to retain a record in accordance with subsection 1 does not apply to any

information the sole purpose of which is to enable the record to be sent,

communicated, or received.

3. A person may satisfy subsection 1 by using the services of another person if the

requirements of that subsection are satisfied.

4. If a law requires a record to be presented or retained in the record's original form, or

provides consequences if the record is not presented or retained in the record's

original form, that law is satisfied by an electronic record retained in accordance with

subsection 1.

5. If a law requires retention of a check, that requirement is satisfied by retention of an

electronic record of the information on the front and back of the check in accordance

with subsection 1.

6. A record retained as an electronic record in accordance with subsection 1 satisfies a

law requiring a person to retain a record for evidentiary, audit, or like purposes, unless

a law enacted after July 31, 2001, specifically prohibits the use of an electronic record

for the specified purpose.

7. This section does not preclude a governmental agency of this state from specifying

additional requirements for the retention of a record subject to the agency's

jurisdiction.
N.D. Cent. Code § 9-16-03 — ND Code / Title 9 / Chapter 9-16 / Section 9-16-03
9-16-03. Prospective application
Status: in_force

9-16-03. Prospective application

This chapter applies to any electronic record or electronic signature created, generated,

sent, communicated, received, or stored after July 31, 2001.
N.D. Cent. Code § 9-07-12 — ND Code / Title 9 / Chapter 9-07 / Section 9-07-12
9-07-12. Contract explained by reference to circumstances
Status: in_force

9-07-12. Contract explained by reference to circumstances

A contract may be explained by reference to the circumstances under which it was made

and the matter to which it relates.
N.D. Cent. Code § 9-03-19 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-19
9-03-19. When consent communicated
Status: in_force

9-03-19. When consent communicated

Consent is deemed to be communicated fully between the parties as soon as the party

accepting a proposal has put that party's acceptance in the course of transmission to the

proposer in conformity to section 9-03-18.
N.D. Cent. Code § 9-13-01 — ND Code / Title 9 / Chapter 9-13 / Section 9-13-01
9-13-01. Extinction of obligation by release
Status: in_force

9-13-01. Extinction of obligation by release

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.
N.D. Cent. Code § 9-03-17 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-17
9-03-17. Communication of consent
Status: in_force

9-03-17. Communication of consent

Consent can be communicated with effect only by some act or omission of the party

contracting by which the party intends to communicate it, or which necessarily tends to such

communication.
N.D. Cent. Code § 9-03-11 — ND Code / Title 9 / Chapter 9-03 / Section 9-03-11
9-03-11. Undue influence defined
Status: in_force

9-03-11. Undue influence defined

Undue influence consists:

1. In the use, by one in whom a confidence is reposed by another or who holds a real or

apparent authority over that person, of such confidence or authority for the purpose of

obtaining an unfair advantage over that person;

2. In taking an unfair advantage of another's weakness of mind; or

3. In taking a grossly oppressive and unfair advantage of another's necessities or

distress.