North Dakota Statutes
§ 9-01-16 — Enforcement of obligations - Prerequisites
North Dakota § 9-01-16
This text of North Dakota § 9-01-16 (Enforcement of obligations - Prerequisites) 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 § 9-01-16 (2026).
Text
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.
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Related
Silbernagel v. Silbernagel
2007 ND 124 (North Dakota Supreme Court, 2007)
Wachter v. Gratech Co., Ltd.
2000 ND 62 (North Dakota Supreme Court, 2000)
Bishop Ryan High School v. Lindberg
370 N.W.2d 726 (North Dakota Supreme Court, 1985)
South Forks Shopping Center, Inc. v. Dastmalchi
446 N.W.2d 440 (North Dakota Supreme Court, 1989)
Arnegard v. Arnegard Township
2018 ND 80 (North Dakota Supreme Court, 2018)
State v. Boyle
2007 ND 109 (North Dakota Supreme Court, 2007)
Nearby Sections
15
§ 9-01-01
Definitions§ 9-01-02
Requisites of contract§ 9-01-04
Joint and several contracts§ 9-01-06
Obligations classified§ 9-01-07
Joint obligation - Presumption§ 9-01-08
Joint obligation - Contribution§ 9-01-09
Conditional obligation defined§ 9-01-11
Condition precedent defined§ 9-01-12
Conditions concurrent defined§ 9-01-13
Condition subsequent defined§ 9-01-14
Conditions unlawful or impossible§ 9-01-15
Forfeiture - InterpretationCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 9-01-16, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/9-01-16.