9-10 Obligations Imposed by Law
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<![CDATA[CHAPTER 9-10OBLIGATIONS IMPOSED BY LAW9-10-01. Injury to the property or person of another. Every person is bound withoutcontract to abstain from injuring the person or property of another or infringing upon any of that<br>person's rights.9-10-02. Deceit - Definition. A deceit within the meaning of section 9-10-03 is:1.The suggestion as a fact of that which is not true by one who does not believe it to<br>be true;2.The assertion as a fact of that which is not true by one who has no reasonable<br>ground for believing it to be true;3.The suppression of a fact by one who is bound to disclose it, or who gives<br>information of other facts which are likely to mislead for want of communication of<br>that fact; or4.A promise made without any intention of performing.9-10-03. Damages for deceit. One who willfully deceives another with intent to inducethat person to alter that person's position to that person's injury or risk is liable for any damage<br>which that person thereby suffers.9-10-04. Intent to defraud - Presumption. One who practices a deceit with intent todefraud the public or a particular class of persons is deemed to have intended to defraud every<br>individual in that class who actually is misled by the deceit.9-10-05.Restoration of property taken without consent - Exceptions. One whoobtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an<br>unlawful exaction which the owner at the time could not refuse with prudence, shall restore it<br>without demand to the person from whom it was obtained except in the following cases:1.When the person has acquired a title thereto superior to that of the person from<br>whom the property was taken;2.When the transaction is corrupt and unlawful on both sides; or3.When a thing is obtained by mutual mistake, and in such case the party obtaining<br>the thing is not bound to return it until that person has notice of the mistake.9-10-06. Willful acts and negligence - Liability. A person is responsible not only forthe result of the person's willful acts but also for an injury occasioned to another by the person's<br>want of ordinary care or skill in the management of the person's property or self. The extent of<br>the liability in such cases is defined by sections 32-03-01 through 32-03-18.9-10-07. Comparative negligence. Repealed by S.L. 1987, ch. 404, </p>
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