N.D. Cent. Code § 9-09-04
This is the official text of N.D. Cent. Code § 9-09-04, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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9-09-04. Rules governing rescission
Official statutory text
9-09-04. Rules governing rescission
Rescission, when not effected by consent or pursuant to sections 9-08-08 and 9-08-09, can
be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to
comply with the following rules:
1. The party rescinding shall rescind promptly upon discovering the facts which entitle
that party to rescind, if that party is free from duress, menace, undue influence, or
disability and is aware of that party's right to rescind; and
2. The party rescinding shall restore to the other party everything of value which the party
rescinding has received from the other party under the contract or must offer to restore
the same upon condition that such party shall do likewise, unless the latter is unable or
positively refuses to do so.
Rescission, when not effected by consent or pursuant to sections 9-08-08 and 9-08-09, can
be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to
comply with the following rules:
1. The party rescinding shall rescind promptly upon discovering the facts which entitle
that party to rescind, if that party is free from duress, menace, undue influence, or
disability and is aware of that party's right to rescind; and
2. The party rescinding shall restore to the other party everything of value which the party
rescinding has received from the other party under the contract or must offer to restore
the same upon condition that such party shall do likewise, unless the latter is unable or
positively refuses to do so.
Status: in_force · Read it on the official government site
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