CHAPTER 9-06FORMATION OF CONTRACT9-06-01.Express and implied contracts defined.A contract is either express orimplied. An express contract is one the terms of which are stated in words. An implied contract is one the existence and terms of which are manifested by conduct.9-06-02. What contracts may be oral. All contracts may be oral except such as arespecially required by statute to be in writing.9-06-03. Written contract prevented by fraud - Oral contract enforceable. When acontract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who by such fraud is led to believe that it is in writing and acts upon such belief to that party's prejudice may enforce it against the fraudulent party.9-06-04.Contracts invalid unless in writing - Statute of frauds.The followingcontracts are invalid, unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by the party's agent:1.An agreement that by its terms is not to be performed within a year from the making thereof.2.A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 22-01-05.3.An agreement for the leasing for a longer period than one year, or for the sale, of real property, or of an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.4.An agreement or promise for the lending of money or the extension of credit in an aggregate amount of twenty-five thousand dollars or greater.5.An agreement or promise to alter the terms of repayment or forgiveness of a debt that is in an aggregate amount of twenty-five thousand dollars or greater.9-06-05. Contracts unenforceable unless in writing - Statute of frauds. Repealed byS.L. 1965, ch. 296,
CHAPTER 9-06FORMATION OF CONTRACT9-06-01.Express and implied contracts defined.A contract is either express orimplied. An express contract is one the terms of which are stated in words. An implied contract is one the existence and terms of which are manifested by conduct.9-06-02. What contracts may be oral. All contracts may be oral except such as arespecially required by statute to be in writing.9-06-03. Written contract prevented by fraud - Oral contract enforceable. When acontract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who by such fraud is led to believe that it is in writing and acts upon such belief to that party's prejudice may enforce it against the fraudulent party.9-06-04.Contracts invalid unless in writing - Statute of frauds.The followingcontracts are invalid, unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by the party's agent:1.An agreement that by its terms is not to be performed within a year from the making thereof.2.A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 22-01-05.3.An agreement for the leasing for a longer period than one year, or for the sale, of real property, or of an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.4.An agreement or promise for the lending of money or the extension of credit in an aggregate amount of twenty-five thousand dollars or greater.5.An agreement or promise to alter the terms of repayment or forgiveness of a debt that is in an aggregate amount of twenty-five thousand dollars or greater.9-06-05. Contracts unenforceable unless in writing - Statute of frauds. Repealed byS.L. 1965, ch. 296,
CHAPTER 9-06FORMATION OF CONTRACT9-06-01.Express and implied contracts defined.A contract is either express orimplied. An express contract is one the terms of which are stated in words. An implied contract is one the existence and terms of which are manifested by conduct.9-06-02. What contracts may be oral. All contracts may be oral except such as arespecially required by statute to be in writing.9-06-03. Written contract prevented by fraud - Oral contract enforceable. When acontract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who by such fraud is led to believe that it is in writing and acts upon such belief to that party's prejudice may enforce it against the fraudulent party.9-06-04.Contracts invalid unless in writing - Statute of frauds.The followingcontracts are invalid, unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by the party's agent:1.An agreement that by its terms is not to be performed within a year from the making thereof.2.A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 22-01-05.3.An agreement for the leasing for a longer period than one year, or for the sale, of real property, or of an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.4.An agreement or promise for the lending of money or the extension of credit in an aggregate amount of twenty-five thousand dollars or greater.5.An agreement or promise to alter the terms of repayment or forgiveness of a debt that is in an aggregate amount of twenty-five thousand dollars or greater.9-06-05. Contracts unenforceable unless in writing - Statute of frauds. Repealed byS.L. 1965, ch. 296,