N.D. Cent. Code » Title 32 · Chapter 32-38
North Dakota Century Code

N.D. Cent. Code § 32-38-04 (2026)

Release or covenant not to sue

✓ text as last checked July 2026 (this copy records no edition or section history)
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When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

1. It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater.

2. It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.

Notes of Decisions
Cited in 14 cases, 1963–1999 · leading case: Layman v. Braunschweigische Maschinenbauanstalt, Inc., 343 N.W.2d 334 (N.D. 1983).
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Layman v. Braunschweigische Maschinenbauanstalt, Inc., 343 N.W.2d 334 (N.D. 1983). · cites it 42× “NDCC § 32-38-04, stated above. NDCC § 9-10-07, comparative negligence, provides if two or more persons who are jointly liable, "contributions to awards shall be proportioned to percentage of negligence attributable to each; provided, however, that each shall remain severally and…”
Nelson v. Johnson, 1999 ND 171, 599 N.W.2d 246. · cites it 18× “§ 32-38-04(1) compels this result; (2) a refusal to deduct the settlement amount from the verdict would result in a double recovery; and (3) it would be inequitable to hold him liable in excess of the amount of damages assessed by the jury. [¶ 12] When enacted in 1957, N.”
Bartels v. City of Williston, 276 N.W.2d 113 (N.D. 1979). · cites it 6× “” Section 32-38-04. Release or covenant not to sue.”
Horejsi Ex Rel. Anton v. Anderson, 353 N.W.2d 316 (N.D. 1984). · cites it 6× “2d Master and Servant § 408 (1970), John argues that the adoption of the Uniform Contribution Among Tortfeasors Act by our State, codified as Chapter 32-38, N.”
Hoerr v. Northfield Foundry & MacH. Co., 376 N.W.2d 323 (N.D. 1985). · cites it 6× “Section 32-38-04(2), N.D.C.C., provides in pertinent part that "a release .”
State v. Wanzek, 1999 ND 163. · cites it 18× “He contends: (1) N.D.C.C. § 32-38-04(1) compels this result; (2) a refusal to deduct the settlement amount from the verdict would result in a double recovery; and (3) it would be inequitable to hold him liable in excess of the amount of damages assessed by the jury.”
Beavers v. Walters, 537 N.W.2d 647 (N.D. 1995). · cites it 4× “Section 32-38-04(1) of the North Dakota Century Code mandates that the claim against Walters and Imperial should be reduced by the greater of the amount stipulated by the release granted to Kiker and Kaiser or the amount of consideration paid for such release.”
Levi Ex Rel. Levi v. Montgomery, 120 N.W.2d 383 (N.D. 1963). · cites it 4× “The Court thus found that the implement company was not, in fact a tort-feasor and, since such defendant was not liable to the plaintiff in tort, the provisions of Section 32-38-04 did not apply. In addition to claiming that the defendant Grand Forks Implement Company was not…”
Sayler v. Holstrom, 239 N.W.2d 276 (N.D. 1976). · cites it 2× “See Section 32-38-04, N.D.C.C. 2 To the extent, if any, that the compensation received by the employee from the fund exceeded the pro rata share, the fund could be subrogated to the employee’s compensation from other tort-feasors.”
Thorson v. City of Minot, 153 N.W.2d 764 (N.D. 1967). · cites it 7× “ion that in the future the triers of the facts in situations such as that presented here, whether court or jury, not only should determine the full damages but should set forth in the findings or the verdict the full damages and then deduct from them the consideration paid on…”
Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). · cites it 2× “§ 1B-4 (1983); N.D.Cent. Code § 32-38-04 (Repl.1976); Ohio Rev.”
Houser v. Gilbert, 364 N.W.2d 62 (N.D. 1985). “Section 32-38-01(4), N.D.CC., relates to the subject of contributions to amounts paid in settlement of claims without trial.”
Show all 14 citing cases →
N.D. Cent. Code § 32-38-04(1): 8 cases
Nelson v. Johnson, 1999 ND 171, 599 N.W.2d 246. “§ 32-38-04(1) compels this result; (2) a refusal to deduct the settlement amount from the verdict would result in a double recovery; and (3) it would be inequitable to hold him liable in excess of the amount of damages assessed by the jury. [¶ 12] When enacted in 1957, N.”
Layman v. Braunschweigische Maschinenbauanstalt, Inc., 343 N.W.2d 334 (N.D. 1983). “NDCC § 32-38-04, stated above. NDCC § 9-10-07, comparative negligence, provides if two or more persons who are jointly liable, "contributions to awards shall be proportioned to percentage of negligence attributable to each; provided, however, that each shall remain severally and…”
Horejsi Ex Rel. Anton v. Anderson, 353 N.W.2d 316 (N.D. 1984). “2d Master and Servant § 408 (1970), John argues that the adoption of the Uniform Contribution Among Tortfeasors Act by our State, codified as Chapter 32-38, N.”
Bartels v. City of Williston, 276 N.W.2d 113 (N.D. 1979). “” Section 32-38-04. Release or covenant not to sue.”
State v. Wanzek, 1999 ND 163. “He contends: (1) N.D.C.C. § 32-38-04(1) compels this result; (2) a refusal to deduct the settlement amount from the verdict would result in a double recovery; and (3) it would be inequitable to hold him liable in excess of the amount of damages assessed by the jury.”
N.D. Cent. Code § 32-38-04(2): 4 cases
Layman v. Braunschweigische Maschinenbauanstalt, Inc., 343 N.W.2d 334 (N.D. 1983). “NDCC § 32-38-04, stated above. NDCC § 9-10-07, comparative negligence, provides if two or more persons who are jointly liable, "contributions to awards shall be proportioned to percentage of negligence attributable to each; provided, however, that each shall remain severally and…”
Hoerr v. Northfield Foundry & MacH. Co., 376 N.W.2d 323 (N.D. 1985). “Section 32-38-04(2), N.D.C.C., provides in pertinent part that "a release .”
Bartels v. City of Williston, 276 N.W.2d 113 (N.D. 1979). “” Section 32-38-04. Release or covenant not to sue.”
Layman v. Braunschweigische Maschinen-Bauanstalt, Inc., 356 N.W.2d 102 (N.D. 1984).
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