North Dakota § 9-10-05 Restoration of property taken without consent - Exceptions

North Dakota Statutes

§ 9-10-05 — Restoration of property taken without consent - Exceptions

North Dakota § 9-10-05

Title 9Contracts and Obligations

Ch. 9-10Obligations Imposed by Law

This text of North Dakota § 9-10-05 (Restoration of property taken without consent - Exceptions) 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 § 9-10-05 (2026).

Text

One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner at the time could not refuse with prudence, shall restore it without demand to the person from whom it was obtained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.

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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rescinded, or by an unlawful exaction which the owner at the time could not refuse with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.