South Dakota § 21-9-2 Obligations and agreements not specifically enforceable.

South Dakota Statutes

§ 21-9-2 — Obligations and agreements not specifically enforceable.

South Dakota § 21-9-2

Title 21JUDICIAL REMEDIES

Ch. 21-9ACTIONS FOR SPECIFIC PERFORMANCE

This text of South Dakota § 21-9-2 (Obligations and agreements not specifically enforceable.) 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 § 21-9-2 (2026).

Text

The following obligations cannot be specifically enforced:

(1)An obligation to render personal service;

(2)An obligation to employ another in personal service;

(3)An agreement to submit a controversy to arbitration except as authorized in the Uniform Arbitration Act;

(4)An agreement to perform an act which the party has not power lawfully to perform when required to do so;

(5)An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person;

(6)An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable.

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The following obligations cannot be specifically enforced: (1) An obligation to render personal service; (2) An obligation to employ another in personal service; (3) An agreement to submit a controversy to arbitration except as authorized in the Uniform Arbitration Act; (4) An agreement to perform an act which the party has not power lawfully to perform when required to do so; (5) An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person; (6) An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable.

Legislative History

CivC 1877, § 1999; CL 1887, § 4632; RCivC 1903, § 2344; RC 1919, § 2015; SDC 1939 & Supp 1960, § 37.4602; SL 1971, ch 157, § 26; SL 1979, ch 149, § 11.