UND v. Whelan

Citations

• 2026 ND 19

Syllabus

The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim. A claim for unjust enrichment may be grounded in contract or tort law. Whether a claim for unjust enrichment sounds in tort or contract depends upon the factual basis underlying the claim. When the unjust enrichment allegations are predicated on tortious conduct, such as misrepresentation or fraud, the claim is properly characterized as one arising in tort.