9-11 Transfer and Performance of Obligation or Offer
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<![CDATA[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<br>by endorsement in like manner with negotiable instruments. Such endorsement transfers all the<br>rights of the assignor under the instrument to the assignee subject to all equities and defenses<br>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<br>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<br>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<br>by the operation of law, even though there may have been a stipulation that this may<br>not be an excuse;2.When it is prevented or delayed by an irresistible superhuman cause or by the act of<br>public enemies of this state or of the United States, unless the parties have agreed<br>expressly to the contrary; or3.When the debtor is induced not to perform or offer performance by any act of the<br>creditor at or before the time at which such performance or offer may be made and<br>which the creditor has not rescinded before that time.9-11-05.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<br>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<br>debtor is entitled to a ratable proportion of the consideration to which the debtor would have been<br>entitled upon full performance according to the benefit which the creditor receives from the actual<br>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<br>refusal unless before performance actually is due the creditor gives notice to the debtor of the<br>creditor's willingness to accept it.9-11-08. Definitions. Repealed by S.L. 1981, ch. 91, </p>
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