North Dakota Century Code
N.D. Cent. Code § 32-03-07 (2026)
When court or jury may give exemplary damages
✓ current as of May 2026
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Repealed by S.L. 1987, ch. 404, § 13, as amended by S.L. 1993, ch. 324, § 1.
\nNotes of Decisions
Cited in 35
cases, 1965–2019 · leading case: Olson v. Fraase, 421 N.W.2d 820 (N.D. 1988).
Olson v. Fraase, 421 N.W.2d 820 (N.D. 1988). “" § 32-03-07, N.D.C.C. [5] In reviewing appeals from bench trials, this court has strictly construed the requirements of § 32-03-07, holding that the absence of a specific finding of oppression, fraud, or malice, actual or presumed, is fatal to an award of exemplary damages.”
Olmstead v. Miller, 383 N.W.2d 817 (N.D. 1986). “" There was evidence of actual injuries to these plaintiffs, not only for personal injuries but for the damage to their mobile home.”
Hall GMC, Inc. v. Crane Carrier Co., 332 N.W.2d 54 (N.D. 1983). “Although further testimony was not developed in detail at trial, we agree with the district court that Hall was not entitled to reimbursement in the form of floor plan interest for an inventory which it did not physically receive.”
Stoner v. Nash Finch, Inc., 446 N.W.2d 747 (N.D. 1989). “" We believe that the statutory terms "oppression, fraud, or malice" have well-established meanings, are sufficiently clear to persons of ordinary intelligence to afford a practical guide for behavior, and are capable of application in an even-handed manner.”
Cont'l Cas. Co. v. Kinsey, 499 N.W.2d 574 (N.D. 1993). “Through the endorsement waiver form, the policy purports to cover punitive damages.”
Lang v. Wonnenberg, 455 N.W.2d 832 (N.D. 1990). “His first contention in this regard is that because § 32-03-07, N.D.C.C., was suspended by the Legislature from July 8, 1987 through June 30, 1993 [see 1987 N.”
Powers v. Martinson, 313 N.W.2d 720 (N.D. 1981). “” § 32-03-07, N.D.C.C. The instructions given to the jury in this case simply indicate that when a defendant has been guilty of fraud, exemplary damages are proper.”
Napoleon Livestock Auction, Inc. v. Rohrich, 406 N.W.2d 346 (N.D. 1987). “Therefore, plaintiff is entitled to recover damages under § 32-03-07 NDCC, in the amount of $500,000.”
Moses v. Burleigh Cnty., 438 N.W.2d 186 (N.D. 1989). “4-20 with NDCC § 32-03-07 (court or jury may award exemplary damages).”
Johnson v. Nw. Bell Tel. Co., 338 N.W.2d 622 (N.D. 1983). “Section 32-03-07, N.D.C.C., sets forth those instances when a jury may award punitive or exemplary damages: "In any action for the breach of an obligation not arising from contract, when the defendant has been guilty of oppression, fraud, or malice, actual or presumed, the court…”
Corwin Chrysler-Plymouth, Inc. v. Westchester Fire Ins. Co., 279 N.W.2d 638 (N.D. 1979). “Section 32-03-07, N.D.C.C., provides: “In any action for the breach of an obligation not arising from contract, when the defendant has been guilty of oppression, fraud, or malice, actual or presumed, the court or jury, in addition to the actual damages, may give damages for the…”
Smith v. Am. Fam. Mut. Ins. Co., 294 N.W.2d 751 (N.D. 1980). “Section 32-03-07, N.D.C.C., provides: “In any action for the breach of an obligation not arising from contract, when the defendant has been guilty of oppression, fraud, *765 or malice, actual or presumed, the court or jury, in addition to the actual damages, may give damages for…”
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