What is a hardship in civil law?

In civil law, a hardship refers to a situation in which a party to a contract or agreement may suffer great loss or difficulty if the contract or agreement is enforced. This may include situations which result from unforeseeable circumstances which arose after signing the agreement. For example, in North Dakota a party to a contract may be faced with a hardship if they are unable to fulfill their obligations due to a natural disaster or other unforeseeable events. In North Dakota, a court may grant relief to a party who is facing a hardship if the other party agrees to the relief or if the court finds that the hardship is significant and the parties had no reasonable way of predicting or preventing it. This relief may include rescission of the contract in certain circumstances or other forms of equitable relief. To demonstrate a hardship, the party must show that they will suffer an undue burden if the contract is enforced. They must also show that they had made a good faith effort to fulfill their obligations and that the hardship has made it impossible to do so. The courts in North Dakota will consider all relevant evidence before deciding whether a hardship exists and determining the type of relief that should be granted.

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