South Dakota Statutes
§ 21-9-11 — Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.
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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South Dakota § 21-9-11 (Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Repealed§ 21-1-13
Repealed§ 21-1-13.2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.