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 […]
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.
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.
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 […]
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.
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, […]
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 […]
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 […]
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.
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; […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
