Bakke v. Magi-Touch Carpet One Floor & Home, Inc.

Excerpt

An employer of an independent contractor generally is not liable for the negligence of the independent contractor. North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts. A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party. The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions. Deceit is not an action dependent on a contract it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts. When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record. The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.