reglab/housing_qa huggingface dataset:
SD Codified L § 56-3-4 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-4 - Indemnity extends to acts of agents.

56-3-4. Indemnity extends to acts of agents.An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents. Source: SDC 1939, §31.3104; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §4.
SD Codified L § 56-3-5 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-5 - Agreement to indemnify several persons applies to each.

56-3-5. Agreement to indemnify several persons applies to each.An agreement to indemnify several persons applies to each, unless a contrary intention appears. Source: SDC 1939, §31.3105; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §5.
SD Codified L § 56-3-6 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.

56-3-6. Persons indemnifying liable jointly or severally with person indemnified.One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately to every person injured by such act. Source: SDC 1939, §31.3106; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §6.
SD Codified L § 56-3-7 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.

56-3-7. Interpretation of contract of indemnity--Application of rules.In the interpretation of a contract of indemnity, the rules set forth in §§56-3-8 to 56-3-15, inclusive, are to be applied, unless a contrary intention appears. Source: SDC 1939, §31.3107; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7.
SD Codified L § 56-3-8 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.

56-3-8. Indemnity against liability--Recovery by person indemnified.Upon an indemnity against liability, expressly, or in other equivalent terms, unless a contrary intention appears, the person indemnified is entitled to recover upon becoming liable. Source: SDC 1939, §31.3107 (1); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (1).
SD Codified L § 56-3-9 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-9 - Indemnity against claims, demands or damages--Recovery by person indemnified, payment required.

56-3-9. Indemnity against claims, demands or damages--Recovery by person indemnified, payment required.Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof. Source: SDC 1939, §31.3107 (2); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (2).
SD Codified L § 56-3-10 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.

56-3-10. Indemnity against claims, demands or liability--Matters embraced in contract.Unless a contrary intention appears, an indemnity against claims or demands, or liability, expressly, or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith, and in the exercise of reasonable discretion. Source: SDC 1939, §31.3107 (3); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7.
SD Codified L § 56-3-11 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-11 - Defense by indemnitor of actions against indemnified--Right of person indemnified to conduct defense.

56-3-11. Defense by indemnitor of actions against indemnified--Right of person indemnified to conduct defense.Unless a contrary intention appears, the person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity; but the person indemnified has the right to conduct such defenses, if he chooses to do so. Source: SDC 1939, §31.3107 (4); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (4).
SD Codified L § 56-3-12 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-12 - Neglect of person indemnifying to defend the person indemnified--Recovery against person indemnified conclusive.

56-3-12. Neglect of person indemnifying to defend the person indemnified--Recovery against person indemnified conclusive.If, after request, the person indemnifying neglects to defend the person indemnified, unless a contrary intention appears, a recovery against the latter suffered by him in good faith, is conclusive in his favor against the former. Source: SDC 1939, §31.3107 (5); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (5).
SD Codified L § 56-3-13 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-13 - Notice of action or proceedings against indemnified not received by indemnitor--Indemnitor not allowed to control defense--Judgment against indemnitor presumptive evidence.

56-3-13. Notice of action or proceedings against indemnified not received by indemnitor--Indemnitor not allowed to control defense--Judgment against indemnitor presumptive evidence.If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the former unless a contrary intention appears. Source: SDC 1939, §31.3107 (6); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (6).
SD Codified L § 56-3-14 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-14 - Application of stipulation as to conclusiveness of judgment against person indemnified upon indemnitor.

56-3-14. Application of stipulation as to conclusiveness of judgment against person indemnified upon indemnitor.A stipulation that a judgment against the person indemnified shall be conclusive upon the person indemnifying, is inapplicable, unless a contrary intention appears, if the person indemnified had a good defense upon the merits, which, by want of ordinary care, he failed to establish in the action. Source: SDC 1939, §31.3107 (7); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (7).
SD Codified L § 56-3-15 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-15 - Reimbursement of indemnitor.

56-3-15. Reimbursement of indemnitor.Where one, at the request of another, engages to answer in damages whether liquidated or unliquidated, for any violation of duty on the part of the latter, he is entitled to be reimbursed in the same manner as a surety for whatever he may pay. Source: SDC 1939, §31.3108; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §8.
SD Codified L § 56-3-16 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-16 - Indemnification of architect or engineer for own errors prohibited in construction contract.

56-3-16. Indemnification of architect or engineer for own errors prohibited in construction contract.Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision:The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of:(1)The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or(2)The giving of or the failure to give directions or instructions by the architect, or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. Source: SL 1972, ch 256, §1.
SD Codified L § 56-3-17 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.

56-3-17. Conflicting provision in construction contract unlawful and unenforceable.Any indemnification provision in a construction contract in conflict with §56-3-16 shall be unlawful and unenforceable. Source: SL 1972, ch 256, §2.
SD Codified L § 56-3-18 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 03 - Indemnity|Section 56-3-18 - Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment.

56-3-18. Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment.A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitee, is against the policy of the law and is void and unenforceable. Source: SL 1973, ch 294.
SD Codified L § 57A-1-101 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-101 - Short title.

57A-1-101. Short title.(a) This title may be cited as the Uniform Commercial Code.(b) This chapter may be cited as Uniform Commercial Code--General Provisions. Source: SL 2008, ch 259, §1.
SD Codified L § 57A-1-102 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-102 - Scope of chapter.

57A-1-102. Scope of chapter.This chapter applies to a transaction to the extent that it is governed by another chapter of Title 57A. Source: SL 2008, ch 259, §2.
SD Codified L § 57A-1-103 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-103 - Construction of title to promote its purposes and policies--Applicability of supplemental principles of law.

57A-1-103. Construction of title to promote its purposes and policies--Applicability of supplemental principles of law.(a) This title shall be liberally construed and applied to promote its underlying purposes and policies, which are:(1)To simplify, clarify, and modernize the law governing commercial transactions;(2)To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and(3)To make uniform the law among the various jurisdictions.(b) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. Source: SL 2008, ch 259, §3.
SD Codified L § 57A-1-104 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-104 - Construction against implied repeal.

57A-1-104. Construction against implied repeal.This title being a general act intended as a unified coverage of its subject matter, no part of it may be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. Source: SL 2008, ch 259, §4.
SD Codified L § 57A-1-105 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-105 - Severability.

57A-1-105. Severability.If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. Source: SL 2008, ch 259, §5.
SD Codified L § 57A-1-106 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-106 - Use of singular and plural--Gender.

57A-1-106. Use of singular and plural--Gender.In this title, unless the statutory context otherwise requires:(1)Words in the singular number include the plural, and those in the plural include the singular; and(2)Words of any gender also refer to any other gender. Source: SL 2008, ch 259, §6.
SD Codified L § 57A-1-107 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-107 - Section captions.

57A-1-107. Section captions.Section captions are part of this title. Source: SL 2008, ch 259, §7.
SD Codified L § 57A-1-108 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-108 - Relation to Electronic Signatures in Global and National Commerce Act.

57A-1-108.Relation to Electronic Signatures in Global and National Commerce Act.This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S. C. Section 7001 et seq., except that nothing in this chapter modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act. Source: SL 2008, ch 259, §8.
SD Codified L § 57A-1-202 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-202 - Notice--Knowledge.

57A-1-202. Notice--Knowledge.(a) Subject to subsection (f), a person has "notice" of a fact if the person:(1)Has actual knowledge of it;(2)Has received a notice or notification of it; or(3)From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.(b) "Knowledge" means actual knowledge. " Knows" has a corresponding meaning.(c) "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.(e) Subject to subsection (f), a person "receives" a notice or notification when:(1)It comes to that person's attention; or(2)It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. Source: SL 2008, ch 259, §10.
SD Codified L § 57A-1-204 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-204 - Value.

57A-1-204. Value.Except as otherwise provided in chapters 57A-3, 57A-4, and 57A-5, a person gives value for rights if the person acquires them:(1)In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;(2)As security for, or in total or partial satisfaction of, a preexisting claim;(3)By accepting delivery under a preexisting contract for purchase; or(4)In return for any consideration sufficient to support a simple contract. Source: SL 2008, ch 259, §12.
SD Codified L § 57A-1-205 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-205 - Reasonable time--Seasonableness.

57A-1-205. Reasonable time--Seasonableness.(a) Whether a time for taking an action required by this title is reasonable depends on the nature, purpose, and circumstances of the action.(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. Source: SL 2008, ch 259, §13.
SD Codified L § 57A-1-206 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-206 - Presumptions.

57A-1-206. Presumptions.Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. Source: SL 2008, ch 259, §14.
SD Codified L § 57A-1-301 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-301 - Territorial applicability--Parties' power to choose applicable law.

57A-1-301. Territorial applicability--Parties' power to choose applicable law.(1) Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state.(2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:Rights of creditors against sold goods. §57A-2-402.Applicability of the chapter on leases. §§57A-2A-105 and 57A-2A-106.Applicability of the chapters on bank deposits and collections. §57A-4-102.Governing law in the chapter on funds transfers. §57A-4A-507.Letters of Credit. §57A-5-116.Applicability of the chapters on investment securities. §57A-8-110.Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens. §§57A-9-301 to 57A-9-307, inclusive. Source: SL 2008, ch 259, §15.
SD Codified L § 57A-1-302 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-302 - Variation by agreement.

57A-1-302. Variation by agreement.(a) Except as otherwise provided in subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.(c) The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section. Source: SL 2008, ch 259, §16.
SD Codified L § 57A-1-303 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-303 - Course of performance, course of dealing, and usage of trade.

57A-1-303. Course of performance, course of dealing, and usage of trade.(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:(1)The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and(2)The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.(b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.(c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:(1)Express terms prevail over course of performance, course of dealing, and usage of trade;(2)Course of performance prevails over course of dealing and usage of trade; and(3)Course of dealing prevails over usage of trade.(f) Subject to §57A-2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party. Source: SL 2008, ch 259, §17.
SD Codified L § 57A-1-304 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 01 - General Provisions|Section 57A-1-304 - Obligation of good faith.

57A-1-304. Obligation of good faith.Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement. Source: SL 2008, ch 259, §18.