Breach of Contract Cases

Contracts–trial court's determination to use company's tax returns for purposes of calculating "net profits" not against the manifest weight of the evidence when company vice president offered conflicting accounts of how she determined net profits trial court entitled to find vice president's testimony not worthy of belief trial court's finding that employer agreed to provide employee health insurance coverage not against the manifest weight of the evidence when three out of four people present at meeting during which employment offered testified that employer would provide health insurance appellant's argument that trial court failed to charge cost of motorcycle trailer against appellee's share of net profits unsupported–instead, trial court did charge cost of motorcycle trailer to appellee trial court's finding that golf cart in appellee's possession constituted gift not against manifest weight of the evidence

Mandamus—Public employees—State Employment Relations Board did not abuse its discretion when it dismissed appellant's unfair-labor-practice charges as untimely—Court of appeals' denial of writ affirmed.

legal malpractice, statute of limitations, termination date, cognizable event, fraud, separate claims

condominium termination breach of fiduciary duty veil piercing breach of contract unfair trade practices statutory obligations motion to dismiss

Trial court did not err in granting summary judgment on appellant's breach of contract claim as related to the termination of her administrative positions. However, trial court erred in granting summary judgment on appellant's breach of contract claim related to the cancellation of appellant's endowed professorship where appellee failed to demonstrate the absence of a genuine issue of material fact. Trial court did not err in determining that it lacked jurisdiction over constitutional due process claim. Trial court did not err in granting summary judgment on discrimination claim because appellant failed to meet her burden of demonstrating prima facie case and pretext. Trial court did not err in granting summary judgment on retaliation claim because appellant failed to demonstrate prima facie case.

The trial court did not err in refusing to stay the litigation of certain claims pending arbitration where (1) those claims that were not part of the action that included the arbitrable claims and (2) the parties to the claims at issue had not executed an arbitration agreement.

The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule. A district court's determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal. An award of damages for an unjust enrichment claim is reviewed under the clearly erroneous standard. Issues not raised in the district court are waived.

The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule. A district court's determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal. An award of damages for an unjust enrichment claim is reviewed under the clearly erroneous standard. Issues not raised in the district court are waived.

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.

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.