21-3-1. General measure of damages for breach of noncontractual obligation–Foreseeability not required.
For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Source: CivC 1877, §1967; CL 1887, §4600; RCivC 1903, §2312; RC 1919, §1984; SDC 1939 & Supp 1960, §37.1901.