reglab/housing_qa huggingface dataset:
SD Codified L § 21-1-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 01 - Actions For Damages Generally|Section 21-1-12 - Acceptance of principal as waiver of interest.

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.
SD Codified L § 21-1-13.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 01 - Actions For Damages Generally|Section 21-1-13.1 - Interest on damages--Prejudgment interest--Retroactive application.

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 act of the creditor, from paying the debt. Prejudgment interest is not recoverable on future damages, punitive damages, or intangible damages such as pain and suffering, emotional distress, loss of consortium, injury to credit, reputation or financial standing, loss of enjoyment of life, or loss of society and companionship. If there is a question of fact as to when the loss or damage occurred, prejudgment interest shall commence on the date specified in the verdict or decision and shall run to, and include, the date of the verdict or, if there is no verdict, the date the judgment is entered. If necessary, special interrogatories shall be submitted to the jury. Prejudgment interest on damages arising from a contract shall be at the contract rate, if so provided in the contract; otherwise, if prejudgment interest is awarded, it shall be at the Category B rate of interest specified in §54-3-16. Prejudgment interest on damages arising from inverse condemnation actions shall be at the Category A rate of interest as specified by §54-3-16 on the day judgment is entered. This section shall apply retroactively to the day the loss or damage occurred in any pending action for inverse condemnation. The court shall compute and award the interest provided in this section and shall include such interest in the judgment in the same manner as it taxes costs. Source: SL 1990, ch 156, §1; SL 2003, ch 242, §2.
SD Codified L § 21-1-13.2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 01 - Actions For Damages Generally|Section 21-1-13.2 - Application of interest statutes.

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.
SD Codified L § 21-1-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 01 - Actions For Damages Generally|Section 21-1-14 - Liability of issuer of bad check for collection costs--Costs included in restitution award.

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, shall be included in any award of restitution made by the court in any action for a violation of §22-30A-24 or 22-30A-25. Source: SL 1983, ch 368, §3; SL 1986, ch 171, §1; SL 2005, ch 120, §139.
SD Codified L § 21-1-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 01 - Actions For Damages Generally|Section 21-1-15 - Definitions.

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 a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;(2)"Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:(a)Defective materials, products, or components used in the construction or remodeling of a residence;(b)Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or(c)Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards;(3)"Construction professional," a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity;(4)"Home owner," any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner;(5)"Residence," a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system;(6)"Serve" or "service," personal delivery or delivery by certified mail to the last known address of the addressee. Source: SL 2007, ch 137, §1.
SD Codified L § 21-1-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 01 - Actions For Damages Generally|Section 21-1-16 - Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.

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 service of the notice, to inspect the alleged construction defect and serve on the home owner a written offer to repair the construction defect or compensate the owner by monetary payment.The home owner may not commence an action against the construction professional for a construction defect until thirty days after the notice is served on the construction professional or until the construction professional refuses to remedy the alleged construction defect, whichever occurs first. Upon service of the notice, the statute of limitations set forth in chapter 15-2A is suspended for the thirty-day period or until the refusal, whichever occurs first. If the home owner commences an action against the construction professional without complying with the requirements of this section, the action shall be stayed until the home owner has complied with such requirements. No home owner is required to serve another written notice for any additional defects discovered after the home owner has served an initial written notice of a construction defect pursuant to this section. The provisions of this section do not apply to the initiation of a counterclaim or cross-claim in any action that is already properly commenced. Source: SL 2007, ch 137, §2.
SD Codified L § 21-2-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages not recovered.

21-2-1. General measure of damages for breach of contract--Uncertain damages not recovered.For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and their origin. Source: CivC 1877, §§1947, 1948; CL 1887, §4581; RCivC 1903, §2293; RC 1919, §1966; SDC 1939 & Supp 1960, §37.1801.
SD Codified L § 21-2-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-2 - Damages for breach of obligation to pay money.

21-2-2. Damages for breach of obligation to pay money.The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon. Source: CivC 1877, §1949; CL 1887, §4582; RCivC 1903, §2294; RC 1919, §1967; SDC 1939 & Supp 1960, §37.1802.
SD Codified L § 21-2-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-3 - Damages for breach of agreement to convey real property.

21-2-3. Damages for breach of agreement to convey real property.The detriment caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid, and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land. Source: CivC 1877, §1953; CL 1887, §4586; RCivC 1903, §2298; RC 1919, §1970; SDC 1939 & Supp 1960, §37.1805.
SD Codified L § 21-2-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-4 - Damages for breach of agreement to purchase real property.

21-2-4. Damages for breach of agreement to purchase real property.The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to him. Source: CivC 1877, §1954; CL 1887, §4587; RCivC 1903, §2299; RC 1919, §1971; SDC 1939 & Supp 1960, §37.1806.
SD Codified L § 21-2-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-5 - Damages for breach of covenant in grant of real property.

21-2-5. Damages for breach of covenant in grant of real property.The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:(1)The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore, at the time of the grant, to the value of the whole property;(2)Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years;(3)Any expenses properly incurred by the covenantee in defending his possession. Source: CivC 1877, §1951; CL 1887, §4584; RCivC 1903, §2296; RC 1919, §1968; SDC 1939 & Supp 1960, §37.1803.
SD Codified L § 21-2-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-6 - Damages for breach of covenant against encumbrances.

21-2-6. Damages for breach of covenant against encumbrances.The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former case a proportion of the price paid to the grantor, equivalent to the relative value, at the time of the grant, of the property affected by the breach, as compared with the whole; or, in the latter case interest on a like amount. Source: CivC 1877, §1952; CL 1887, §4585; RCivC 1903, §2297; RC 1919, §1969; SDC 1939 & Supp 1960, §37.1804.
SD Codified L § 21-2-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-7 - Damages for breach of warranty of agent's authority.

21-2-7. Damages for breach of warranty of agent's authority.The detriment caused by the breach of a warranty of an agent's authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal. Source: CivC 1877, §1965; CL 1887, §4598; RCivC 1903, §2310; RC 1919, §1982; SDC 1939 & Supp 1960, §37.1809.
SD Codified L § 21-2-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.

21-2-8. Damages for carrier's failure to accept freight, messages or passengers.The detriment caused by breach of a carrier's obligation by failure to accept freight, messages, or passengers, is deemed to be the difference between the amount he had a right to charge for the carriage and the amount it would be necessary to pay for the same service when it ought to be performed. Source: CivC 1877, §1962; CL 1887, §4595; RCivC 1903, §2307; RC 1919, §1979; SDC 1939 & Supp 1960, §37.1808 (1).
SD Codified L § 21-2-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-9 - Damages for carrier's failure to deliver freight.

21-2-9. Damages for carrier's failure to deliver freight.The detriment caused by breach of a carrier's obligation by failure to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery. Source: CivC 1877, §1963; CL 1887, §4596; RCivC 1903, §2308; RC 1919, §1980; SDC 1939 & Supp 1960, §37.1808 (2).
SD Codified L § 21-2-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 02 - Damages For Breach Of Contract|Section 21-2-10 - Damages for carrier's delay in delivery of freight.

21-2-10. Damages for carrier's delay in delivery of freight.The detriment caused by breach of a carrier's obligation by delay in delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of depreciation in its intrinsic value, at the place where it ought to have been delivered and between the day at which it ought to have been delivered and the day of its actual delivery. Source: CivC 1877, §1964; CL 1887, §4597; RCivC 1903, §2309; RC 1919, §1981; SDC 1939 & Supp 1960, §37.1808 (3).
SD Codified L § 21-3-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-1 - General measure of damages for breach of noncontractual obligation--Foreseeability not required.

21-3-1. General measure of damages for breach of noncontractual obligation--Foreseeability not required.For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. Source: CivC 1877, §1967; CL 1887, §4600; RCivC 1903, §2312; RC 1919, §1984; SDC 1939 & Supp 1960, §37.1901.
SD Codified L § 21-3-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-2 - Punitive damages in discretion of jury.

21-3-2. Punitive damages in discretion of jury.In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant. Source: CivC 1877, §§1946, 1974; CL 1887, §§4580, 4607; RCivC 1903, §§2292, 2319; RC 1919, §§1965, 1991; SDC 1939 & Supp 1960, §37.1902.
SD Codified L § 21-3-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-3 - Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.

21-3-3. Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.The detriment caused by the wrongful conversion of personal property is presumed to be:(1)The value of the property at the time of the conversion, with the interest from that time;(2)Where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party;(3)A fair compensation for the time and money properly expended in pursuit of the property.Such presumptions cannot be repelled in favor of one whose possession was wrongful from the beginning by his subsequent application of the property to the benefit of the owner, without his consent. Source: CivC 1877, §§1970, 1971; SL 1885, ch 42, §1; CL 1887, §§4603, 4604; RCivC 1903, §§2315, 2316; RC 1919, §§1987, 1988; SDC 1939 & Supp 1960, §37.1910.
SD Codified L § 21-3-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-4 - Lien holder's damages for conversion of personal property.

21-3-4. Lien holder's damages for conversion of personal property.One having a mere lien on personal property cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by §21-3-3, for the loss of time and expenses. Source: CivC 1877, §1972; CL 1887, §4605; RCivC 1903, §2317; RC 1919, §1989; SDC 1939 & Supp 1960, §37.1912.
SD Codified L § 21-3-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-5 - General measure of damages for wrongful occupation of real property.

21-3-5. General measure of damages for wrongful occupation of real property.The detriment caused by the wrongful occupation of real property, in cases not embraced in §§21-3-6 to 21-3-9, inclusive, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the commencement of the action or proceeding to enforce the rights to damages, and the costs, if any, of recovering the possession. Source: CivC 1877, §1968; CL 1887, §4601; RCivC 1903, §2313; RC 1919, §1985; SDC 1939 & Supp 1960, §37.1903.
SD Codified L § 21-3-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-6 - Treble damages for forcible exclusion from real property.

21-3-6. Treble damages for forcible exclusion from real property.For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of. Source: CivC 1877, §1977; CL 1887, §4610; RCivC 1903, §2322; RC 1919, §1994; SDC 1939 & Supp 1960, §37.1907.
SD Codified L § 21-3-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-7 - Double damages for failure of tenant to give up premises after notice of intention.

21-3-7. Double damages for failure of tenant to give up premises after notice of intention.For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay. Source: CivC 1877, §1975; CL 1887, §4608; RCivC 1903, §2320; RC 1919, §1992; SDC 1939 & Supp 1960, §37.1905.
SD Codified L § 21-3-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-8 - Double damages for holding over by tenant after expiration of term and notice to quit.

21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit.For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensation for the detriment occasioned thereby. Source: CivC 1877, §1976; CL 1887, §4609; RCivC 1903, §2321; RC 1919, §1993; SDC 1939 & Supp 1960, §37.1906.
SD Codified L § 21-3-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-9 - Measure of damages for holding over real property by conservator, trustee, or life tenant.

21-3-9. Measure of damages for holding over real property by conservator, trustee, or life tenant.For willfully holding over real property by a person who entered upon the same as conservator or trustee for a minor, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over. Source: CivC 1877, §1969; CL 1887, §4602; RCivC 1903, §2314; RC 1919, §1986; SDC 1939 & Supp 1960, §37.1904; SL 1993, ch 213, §96.
SD Codified L § 21-3-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03 - Damages For Torts|Section 21-3-10 - Damages for wrongful injury to trees and plants.

21-3-10. Damages for wrongful injury to trees and plants.The Guide for Plant Appraisal, Ninth Edition, as published by the International Society of Arboriculture as of January 1, 2007, shall be used as a guide to measure the actual damages for the wrongful injury to trees or plants. Source: CivC 1877, §1978; CL 1887, §4611; RCivC 1903, §2323; RC 1919, §1995; SDC 1939 & Supp 1960, §37.1908; SL 2007, ch 138, §1.