Section 21-1-2 – Nominal damages for breach of duty without detriment.
21-1-2. Nominal damages for breach of duty without detriment. When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. Source: CivC 1877, §1986; CL 1887, §4619; RCivC 1903, §2331; RC 1919, §2003; SDC 1939 & Supp 1960, §37.1703.
Section 21-1-3 – Damages to be reasonable.
21-1-3. Damages to be reasonable. Damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. Source: CivC 1877, §1985; CL 1887, §4618; RCivC 1903, §2330; RC 1919, §2002; […]
Section 21-1-4 – Exemplary or penal damages only as provided–Interest on damages.
21-1-4. Exemplary or penal damages only as provided–Interest on damages. The general remedy by damages does not include exemplary or penal damages nor interest on any damages unless expressly provided by statute. Source: CivC 1877, §1983; CL 1887, §4616; RCivC 1903, §2328; RC 1919, §2000; SDC 1939 & Supp 1960, §37.1705.
Section 21-1-4.1 – Discovery and trial of exemplary damage claims.
21-1-4.1. Discovery and trial of exemplary damage claims. In any claim alleging punitive or exemplary damages, before any discovery relating thereto may be commenced and before any such claim may be submitted to the finder of fact, the court shall find, after a hearing and based upon clear and convincing evidence, that there is a […]
Section 21-1-5 – Damages for breach of obligation not to exceed gain from full performance–Exceptions.
21-1-5. Damages for breach of obligation not to exceed gain from full performance–Exceptions. Notwithstanding the provisions of these statutes, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in statutes providing […]
Section 21-1-6 – Market value considered in estimating damage to property.
21-1-6. Market value considered in estimating damage to property. In estimating the damage to property, except in the cases prescribed in §§21-1-8 and 21-1-9, the value of such property to the owner is deemed to be its market value at the time and in the market nearest to the place where it was located at […]
Section 21-1-7 – Market value considered in estimating damages for deprivation of possession of property.
21-1-7. Market value considered in estimating damages for deprivation of possession of property. In estimating damages except as provided by §§21-1-8 and 21-1-9 the value of property to an owner thereof deprived of its possession is deemed to be the price at which he might have bought an equivalent thing, in the market nearest to […]