North Dakota § 9-09-04 - Rules governing rescission

Full text of North Dakota North Dakota Century Code § 9-09-04 — Rules governing rescission, with citation guidance and answers to common questions.

§ 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.

Source: official North Dakota text · Last verified 2026-08-27

Frequently Asked Questions About North Dakota § 9-09-04

What does North Dakota Century Code § 9-09-04 cover?

Section 9-09-04 ("Rules governing rescission") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Dakota § 9-09-04?

A common citation format is "North Dakota Century Code § 9-09-04" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.

How does North Dakota § 9-09-04 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.