South Dakota Statutes
§ 21-9-11 — Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.
South Dakota § 21-9-11
This text of South Dakota § 21-9-11 (Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.) 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 § 21-9-11 (2026).
Text
No specific relief can be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case; but a contract otherwise proper to be enforced specifically may be so enforced, though a penalty is imposed or the damages are liquidated for its breach, and the party in default is willing to pay the same.
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Related
State v. Feiok
364 N.W.2d 536 (South Dakota Supreme Court, 1985)
Legislative History
CivC 1877, §§ 1990, 1998; CL 1887, §§ 4623, 4631; RCivC 1903, §§ 2335, 2343; RC 1919, §§ 2006, 2014; SDC 1939 & Supp 1960, § 37.4609.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-9-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-9-11.