9-11 Transfer and Performance of Obligation or Offer - North Dakota Statutes

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CHAPTER 9-11TRANSFER AND PERFORMANCE OF OBLIGATION OR OFFER9-11-01. Transfer of rights. A right arising out of an obligation is the property of theperson to whom it is due and may be transferred as such.9-11-02.Transfer by endorsement - Nonnegotiable written contract.Anonnegotiable written contract for the payment of money or personal property may be transferred
by endorsement in like manner with negotiable instruments. Such endorsement transfers all the
rights of the assignor under the instrument to the assignee subject to all equities and defenses
existing in favor of the maker at the time of the endorsement.9-11-03.Transfer of burden requires beneficiary's consent.The burden of anobligation may be transferred with the consent of the party entitled to its benefit, but not
otherwise, except as provided by section 47-04-29.9-11-04. Want of performance or offer - When excused. The want of performance ofan 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; or3.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which the creditor has not rescinded before that time.9-11-05. Benefits awarded to debtor. If the performance of an obligation is preventedby the creditor, the debtor is entitled to all the benefits which the debtor would have obtained if it
had been performed by both parties.9-11-06. Ratable proportion of benefits awarded to debtor. If performance of anobligation is prevented by any cause excusing performance, other than the act of the creditor, the
debtor is entitled to a ratable proportion of the consideration to which the debtor would have been
entitled upon full performance according to the benefit which the creditor receives from the actual
performance.9-11-07. Refusal before offer - Equivalent to offer and refusal - Exception. A refusalby a creditor to accept performance made before an offer thereof is equivalent to an offer and
refusal unless before performance actually is due the creditor gives notice to the debtor of the
creditor's willingness to accept it.9-11-08. Definitions. Repealed by S.L. 1981, ch. 91,