North Dakota § 32-04-13 When specific performance cannot be enforced against one

North Dakota Statutes

§ 32-04-13 — When specific performance cannot be enforced against one

North Dakota § 32-04-13

Title 32Judicial Remedies

Ch. 32-04Specific Relief

This text of North Dakota § 32-04-13 (When specific performance cannot be enforced against one) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-04-13 (2026).

Text

Specific performance cannot be enforced against a party to a contract in any of the following cases:

1.If the party has not received an adequate consideration for the contract.

2.If it is not as to that party just and reasonable.

3.If such party's assent was obtained by misrepresentation, concealment, circumvention, or unfair practice of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled.

4.If the party's assent was given under the influence of mistake, misapprehension, or surprise, except that when the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for and the contract specifically enforced in other respects, if proper to be

Free access — add to your briefcase to read the full text and ask questions with AI

Specific performance cannot be enforced against a party to a contract in any of the
following cases:
1. If the party has not received an adequate consideration for the contract.
2. If it is not as to that party just and reasonable.
3. If such party's assent was obtained by misrepresentation, concealment, circumvention,
or unfair practice of any party to whom performance would become due under the
contract, or by any promise of such party which has not been substantially fulfilled.
4. If the party's assent was given under the influence of mistake, misapprehension, or
surprise, except that when the contract provides for compensation in case of mistake,
a mistake within the scope of such provision may be compensated for and the contract
specifically enforced in other respects, if proper to be so enforced.