North Dakota Statutes
§ 9-08-04 — Fixing damages for breach void - Exception
North Dakota § 9-08-04
This text of North Dakota § 9-08-04 (Fixing damages for breach void - Exception) 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 § 9-08-04 (2026).
Text
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.
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Related
Shull v. Walcker
2009 ND 142 (North Dakota Supreme Court, 2009)
Coldwell Banker-First Realty v. MEIDE & SON, INCORPORATED
422 N.W.2d 375 (North Dakota Supreme Court, 1988)
Eddy v. Lee
312 N.W.2d 326 (North Dakota Supreme Court, 1981)
Circle B Enterprises, Inc. v. Steinke
1998 ND 164 (North Dakota Supreme Court, 1998)
Fisher v. Schmeling
520 N.W.2d 820 (North Dakota Supreme Court, 1994)
Hendricks Property Management Corp. v. Birchwood Properties Ltd. Partnership
2007 ND 181 (North Dakota Supreme Court, 2007)
Estate of Truax
2007 ND 182 (North Dakota Supreme Court, 2007)
Towne v. Dinius
1998 ND 162 (North Dakota Supreme Court, 1998)
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 § 9-08-04, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/9-08-04.