Home/South Dakota/Statutes/Title 20: PERSONAL RIGHTS AND OBLIGATIONS/Ch. 20-5: OFFER OF PERFORMANCE OF OBLIGATIONS/§ 20-5-10
South Dakota Statutes

§ 20-5-10 — Ability and willingness to perform required for offer.

South Dakota § 20-5-10
JurisdictionSouth Dakota
Title 20PERSONAL RIGHTS AND OBLIGATIONS
Ch. 20-5OFFER OF PERFORMANCE OF OBLIGATIONS

This text of South Dakota § 20-5-10 (Ability and willingness to perform required for offer.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 20-5-10 (2026).

Text

An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.

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Related

Adrian v. McKinnie
2004 SD 84 (South Dakota Supreme Court, 2004)
12 case citations

Legislative History

CivC 1877, § 844; CL 1887, § 3468; RCivC 1903, § 1161; RC 1919, § 768; SDC 1939, § 47.0218.

Nearby Sections

15
§ 20-1-1
Obligation defined.
§ 20-1-2
Origin of obligations.
§ 20-1-3
Kinds of obligations arising by operation of law.
§ 20-1-4
Joint and several obligations and rights.
§ 20-1-5
Obligations and rights presumed joint and not several.
§ 20-1-6
Right of contribution on satisfaction of joint obligation.
§ 20-10-1
Liability for damage caused by deceit.
§ 20-10-2
Acts constituting deceit.
§ 20-10-3
Fraud against public or class as fraud against individual.
§ 20-10A-1
Definition of terms.
§ 20-10A-2
Cause of action for damages.
§ 20-10A-3
Liability for damages.
§ 20-10A-4
Limitation on actions for damages.
§ 20-11-1
Obligation to refrain from defamation.
§ 20-11-2
Classes of defamation.
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Bluebook (online)
South Dakota § 20-5-10, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/20-5-10.