Want of performance or offer - When excused
N.D. Cent. Code § 9-11-04
in effect9-11-04. Want of performance or offer - When excused
The want of performance of an obligation or of an offer of performance, in whole or in part,
or any delay therein, is excused by the following causes to the extent to which they operate:
1. When such performance or offer is prevented or delayed by the act of the creditor or
by the operation of law, even though there may have been a stipulation that this may
not be an excuse;
2. When it is prevented or delayed by an irresistible superhuman cause or by the act of
public enemies of this state or of the United States, unless the parties have agreed
expressly to the contrary; or
3. When the debtor is induced not to perform or offer performance by any act of the
creditor at or before the time at which such performance or offer may be made and
which the creditor has not rescinded before that time.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t09c11.pdf#nameddest=9-11-04Fetched: 10/16/2026