North Dakota § 32-38-04 Release or covenant not to sue

North Dakota Statutes

§ 32-38-04 — Release or covenant not to sue

North Dakota § 32-38-04

Title 32Judicial Remedies

Ch. 32-38Contribution Among Tort-Feasors

This text of North Dakota § 32-38-04 (Release or covenant not to sue) 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 § 32-38-04 (2026).

Text

When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

1.It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater.

2.It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.

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When a release or a covenant not to sue or not to enforce judgment is given in good faith to
one of two or more persons liable in tort for the same injury or the same wrongful death:
1. It does not discharge any of the other tort-feasors from liability for the injury or
wrongful death unless its terms so provide; but it reduces the claim against the others
to the extent of any amount stipulated by the release or the covenant, or in the amount
of the consideration paid for it, whichever is the greater.
2. It discharges the tort-feasor to whom it is given from all liability for contribution to any
other tort-feasor.