Section 21-1-8 – Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer.
21-1-8. Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer. Where certain property has a peculiar value to a person recovering damages for a deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to […]
Section 21-1-9 – Value of instrument presumed equal to value of property represented.
21-1-9. Value of instrument presumed equal to value of property represented. For the purpose of estimating damages the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. Source: CivC 1877, §1982; CL 1887, §4615; RCivC 1903, §2327; RC 1919, §1999; SDC 1939 […]
Section 21-1-10 – Damages awarded for detriment after commencement of action.
21-1-10. Damages awarded for detriment after commencement of action. Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof, or certain to result in the future. Source: CivC 1877, §1942; CL 1887, §4576; RCivC 1903, §2288; RC 1919, §1961; SDC 1939 & Supp 1960, §37.1702.
Section 21-1-12 – Acceptance of principal as waiver of interest.
21-1-12. Acceptance of principal as waiver of interest. Accepting payment of the whole principal, as such, waives all claim to interest. Source: CivC 1877, §1945; CL 1887, §4579; RCivC 1903, §2291; RC 1919, §1964; SDC 1939 & Supp 1960, §37.1713.
Section 21-1-13.1 – Interest on damages–Prejudgment interest–Retroactive application.
21-1-13.1. Interest on damages–Prejudgment interest–Retroactive application. Any person who is entitled to recover damages, whether in the principal action or by counterclaim, cross claim, or third-party claim, is entitled to recover interest thereon from the day that the loss or damage occurred, except during such time as the debtor is prevented by law, or by […]
Section 21-1-13.2 – Application of interest statutes.
21-1-13.2. Application of interest statutes. The provisions of §21-1-13.1 apply to any suit commenced on or after July 1, 1990. The provisions of §§21-1-11 and 21-1-13 apply to any suit commenced before July 1, 1990. Source: SL 1990, ch 156, §2.
Section 21-1-14 – Liability of issuer of bad check for collection costs–Costs included in restitution award.
21-1-14. Liability of issuer of bad check for collection costs–Costs included in restitution award. Any person who violates §22-30A-24 or 22-30A-25 is liable, pursuant to §57A-3-420, for damages for the reasonable costs and expenses of collecting the dishonored check. Such reasonable costs and expenses including any necessary service or handling charge paid by any merchant, […]
Section 21-1-15 – Definitions.
21-1-15. Definitions. Terms used in this section and §21-1-16 mean: (1)”Action,” any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include […]
Section 21-1-16 – Residential construction defects–Notice and opportunity to remedy–Time for inspection and offer to repair or compensate.
21-1-16. Residential construction defects–Notice and opportunity to remedy–Time for inspection and offer to repair or compensate. Prior to commencing an action against the construction professional for a construction defect, a home owner shall: (1)Serve on the construction professional a written notice describing the alleged construction defect; and (2)Allow the construction professional, within thirty days after […]
Section 21-1-1 – Right to damages for detriment from unlawful act or omission of another.
21-1-1. Right to damages for detriment from unlawful act or omission of another. Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages. Detriment is a loss or harm suffered in person or property. Source: CivC […]