North Dakota Statutes
§ 9-12-05 — Partial performance - Extinction pro tanto
North Dakota § 9-12-05
This text of North Dakota § 9-12-05 (Partial performance - Extinction pro tanto) 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 § 9-12-05 (2026).
Text
A partial performance of an indivisible obligation extinguishes a corresponding proportion
thereof if the benefit of such performance is retained voluntarily by the creditor, but not
otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining
it without injuring the creditor's own property, the creditor's retention thereof is not presumed to
be voluntary.
Free access — add to your briefcase to read the full text and ask questions with AI
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 § 9-12-05, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/9-12-05.