reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1003 - Admissibility of duplicates.

19-19-1003. Admissibility of duplicates.
A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1003); SDCL §19-18-3; SL 2016, ch 239 (Supreme Court Rule 15-67), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1004 - Admissibility of other evidence of content.

19-19-1004. Admissibility of other evidence of content.
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a)All the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b)An original cannot be obtained by any available judicial process;
(c)The party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d)The writing, recording, or photograph is not closely related to a controlling issue.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1004); SDCL §19-18-4; SL 2016, ch 239 (Supreme Court Rule 15-68), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1005 - Copies of public records to prove content.

19-19-1005. Copies of public records to prove content.
The proponent may use a copy to prove the content of an official record--or of a document that was recorded or filed in a public office as authorized by law--if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with subdivision 19-19-902(4) or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1005); SDCL §19-18-5; SL 2016, ch 239 (Supreme Court Rule 15-69), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1006 - Summaries to prove content.

19-19-1006. Summaries to prove content.
The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1006); SDCL §19-18-6; SL 2016, ch 239 (Supreme Court Rule 15-70), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1007 - Testimony or statement of a party to prove content.

19-19-1007. Testimony or statement of a party to prove content.
The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1007); SDCL §19-18-7; SL 2016, ch 239 (Supreme Court Rule 15-71), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1008 - Functions of the court and jury.

19-19-1008. Functions of the court and jury.
Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under §19-19-1004 or 19-19-1005. But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(b)--any issue about whether:
(a)An asserted writing, recording, or photograph ever existed;
(b)Another one produced at the trial or hearing is the original; or
(c)Other evidence of content accurately reflects the content.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1008); SDCL §19-18-8; SL 2016, ch 239 (Supreme Court Rule 15-72), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1009 - TDD and TTY communications inadmissible as evidence.

19-19-1009. TDD and TTY communications inadmissible as evidence.
The writings or tapes resulting from any communication directly or indirectly through TDD or TTY are inadmissible as evidence of those communications in any court of law, legal proceeding, or administrative hearing. This section does not preclude the interception of wire communications pursuant to lawful court order pursuant to chapter 23A-35A.
Source:
SL 1983, ch 168, §2; SDCL §19-18-9.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1101 - Applicability of chapter.

19-19-1101. Applicability of chapter.
Except as otherwise provided in this section, this chapter applies to all actions and proceedings in the courts of this state. This chapter other than those sections with respect to privileges does not apply in the following situations:
(1)The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under subdivision 19-19-104(a).
(2)Small claims court proceedings.
(3)Proceedings for extradition or rendition.
(4)Sentencing, or granting or revoking probation.
(5)Issuance of warrants for arrest, criminal summonses, and search warrants.
(6)Proceedings with respect to release on bail or otherwise.
(7)Disposition hearings, temporary custody hearings and other hearings other than adjudicatory hearings in juvenile court.
(8)Contempt proceedings in which the court may act summarily.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1101); SDCL §19-9-14; SL 2016, ch 245 (Supreme Court Rule 16-06), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-1102 - Title.

19-19-1102. Title.
This chapter shall be known and may be cited as the South Dakota Rules of Evidence.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1102); SDCL §19-9-15.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 01 - The Nature Of Obligations › Section 20-1-1 - Obligation defined.

20-1-1. Obligation defined.
An obligation is a legal duty by which a person is bound to do or not to do a certain thing.
Source:
CivC 1877, §798; CL 1887, §3421; RCivC 1903, §1114; RC 1919, §721; SDC 1939, §47.0101.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 01 - The Nature Of Obligations › Section 20-1-2 - Origin of obligations.

20-1-2. Origin of obligations.
An obligation arises either from:
(1)The contract of the parties; or
(2)The operation of law.
Source:
CivC 1877, §799; CL 1887, §3422; RCivC 1903, §1115; RC 1919, §722; SDC 1939, §47.0102.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 01 - The Nature Of Obligations › Section 20-1-3 - Kinds of obligations arising by operation of law.

20-1-3. Kinds of obligations arising by operation of law.
An obligation arising by operation of law may be either a general legal duty imposed upon all persons indifferently by law or a legal duty affixed by operation of law to a status or relationship voluntarily assumed.
Source:
SDC 1939, §47.0103.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 01 - The Nature Of Obligations › Section 20-1-4 - Joint and several obligations and rights.

20-1-4. Joint and several obligations and rights.
An obligation imposed upon several persons, or a right created in favor of several persons may be:
(1)Joint;
(2)Several; or
(3)Joint and several.
Source:
CivC 1877, §801; CL 1887, §3424; RCivC 1903, §1117; RC 1919, §724; SDC 1939, §47.0104.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 01 - The Nature Of Obligations › Section 20-1-5 - Obligations and rights presumed joint and not several.

20-1-5. Obligations and rights presumed joint and not several.
An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in §§53-2-4 and 53-2-5. This presumption, in the case of a right, can be overcome only by express words to the contrary.
Source:
CivC 1877, §802; CL 1887, §3425; RCivC 1903, §1118; RC 1919, §725; SDC 1939, §47.0105.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 01 - The Nature Of Obligations › Section 20-1-6 - Right of contribution on satisfaction of joint obligation.

20-1-6. Right of contribution on satisfaction of joint obligation.
A party to a joint, or joint and several, obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him.
Source:
CivC 1877, §803; CL 1887, §3426; RCivC 1903, §1119; RC 1919, §726; SDC 1939, §47.0106.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 02 - Conditional Obligations › Section 20-2-1 - Conditional obligation defined.

20-2-1. Conditional obligation defined.
An obligation is conditional when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
Source:
CivC 1877, §804; CL 1887, §3427; RCivC 1903, §1120; RC 1919, §727; SDC 1939, §47.0107.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 02 - Conditional Obligations › Section 20-2-2 - Impossible or unlawful condition void.

20-2-2. Impossible or unlawful condition void.
A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of chapter 53-5 relating to the object of contracts, or which is repugnant to the nature of the interest created by the contract is void.
Source:
CivC 1877, §811; CL 1887, §3434; RCivC 1903, §1127; RC 1919, §734; SDC 1939, §47.0111.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 02 - Conditional Obligations › Section 20-2-3 - Strict interpretation of condition involving forfeiture.

20-2-3. Strict interpretation of condition involving forfeiture.
A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
Source:
CivC 1877, §812; CL 1887, §3435; RCivC 1903, §1128; RC 1919, §735; SDC 1939, §47.0112.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 02 - Conditional Obligations › Section 20-2-4 - Kinds and definition of conditions.

20-2-4. Kinds and definition of conditions.
Conditions may be precedent, concurrent, or subsequent. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. Conditions concurrent are those which are mutually dependent, and are to be performed at the same time. A condition subsequent is one referring to a future event, upon happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.
Source:
CivC 1877, §§805 to 808; CL 1887, §§3428 to 3431; RCivC 1903, §§1121 to 1124; RC 1919, §§728 to 731; SDC 1939, §47.0108.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 02 - Conditional Obligations › Section 20-2-5 - Fulfillment of conditions before requiring performance.

20-2-5. Fulfillment of conditions before requiring performance.
Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able, and offer, to fulfill all conditions concurrent, so imposed upon him, on the like fulfillment by the other party, except as provided by §20-2-6.
Source:
CivC 1877, §809; CL 1887, §3432; RCivC 1903, §1125; RC 1919, §732; SDC 1939, §47.0109.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 02 - Conditional Obligations › Section 20-2-6 - Performance of conditions waived by notice of nonperformance by other party.

20-2-6. Performance of conditions waived by notice of nonperformance by other party.
If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing, or offering to perform, any conditions on his part, in favor of the former party.
Source:
CivC 1877, §810; CL 1887, §3433; RCivC 1903, §1126; RC 1919, §733; SDC 1939, §47.0110.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 03 - Alternative Obligations › Section 20-3-1 - Alternative obligation defined--Right of selection.

20-3-1. Alternative obligation defined--Right of selection.
An obligation which requires the performance of one of two acts at the option of a party is an alternative obligation. The party required to perform has the right of selection unless the terms of the obligation otherwise provide.
Source:
CivC 1877, §813; CL 1887, §3436; RCivC 1903, §1129; RC 1919, §736; SDC 1939, §47.0113.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 03 - Alternative Obligations › Section 20-3-2 - Unlawful or impossible alternative disregarded.

20-3-2. Unlawful or impossible alternative disregarded.
If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.
Source:
CivC 1877, §816; CL 1887, §3439; RCivC 1903, §1132; RC 1919, §739; SDC 1939, §47.0116.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 03 - Alternative Obligations › Section 20-3-3 - Selection of alternative in entirety.

20-3-3. Selection of alternative in entirety.
The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another, without the consent of the other party.
Source:
CivC 1877, §815; CL 1887, §3438; RCivC 1903, §1131; RC 1919, §738; SDC 1939, §47.0115.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 03 - Alternative Obligations › Section 20-3-4 - Selection of alternative if not exercised by party having right.

20-3-4. Selection of alternative if not exercised by party having right.
If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
Source:
CivC 1877, §814; CL 1887, §3437; RCivC 1903, §1130; RC 1919, §737; SDC 1939, §47.0114.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-1 - Obligation extinguished by full performance.

20-4-1. Obligation extinguished by full performance.
Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted by the creditor, extinguishes it.
Source:
CivC 1877, §827; CL 1887, §3451; RCivC 1903, §1144; RC 1919, §751; SDC 1939, §47.0201.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-2 - Joint obligation extinguished by performance by one person.

20-4-2. Joint obligation extinguished by performance by one person.
Performance of an obligation, by one of several persons who are jointly liable under it, extinguishes the liability of all.
Source:
CivC 1877, §828; CL 1887, §3452; RCivC 1903, §1145; RC 1919, §752; SDC 1939, §47.0202.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-3 - Joint right extinguished by performance to one person--Deposit excepted.

20-4-3. Joint right extinguished by performance to one person--Deposit excepted.
An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common, or in joint ownership, which is regulated by the law on deposit.
Source:
CivC 1877, §829; CL 1887, §3453; RCivC 1903, §1146; RC 1919, §753; SDC 1939, §47.0203.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-4 - Obligation extinguished by performance in manner directed by creditor.

20-4-4. Obligation extinguished by performance in manner directed by creditor.
If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is extinguished by performance in that manner, even though the creditor does not receive the benefit of such performance.
Source:
CivC 1877, §830; CL 1887, §3454; RCivC 1903, §1147; RC 1919, §754; SDC 1939, §47.0204.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-5 - Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.

20-4-5. Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.
A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it, without injuring his own property, his retention thereof is not presumed to be voluntary.
Source:
CivC 1877, §831; CL 1887, §3455; RCivC 1903, §1148; RC 1919, §755; SDC 1939, §47.0205.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-6 - Performance applicable to two or more obligations.

20-4-6. Performance applicable to two or more obligations.
Where a debtor, under several obligations to another, does an act by way of performance in whole or in part, which is equally applicable to two or more of such obligations, such performance must be applied as provided by §§20-4-7 to 20-4-9, inclusive.
Source:
CivC 1877, §833; CL 1887, §3457; RCivC 1903, §1150; RC 1919, §757; SDC 1939, §47.0207.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-7 - Performance applied according to debtor's intent.

20-4-7. Performance applied according to debtor's intent.
If, at the time of the performance by a debtor described by §20-4-6, the intention or desire of the debtor that such performance should be applied to the extinction of any particular obligation, be manifested to the creditor, it must be so applied.
Source:
CivC 1877, §833, subdiv 1; CL 1887, §3457, subdiv 1; RCivC 1903, §1150, subdiv 1; RC 1919, §757 (1); SDC 1939, §47.0207 (1).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-8 - Application of performance according to creditor's selection--Application to rights held individually and as trustee--Rescission of application made by creditor.

20-4-8. Application of performance according to creditor's selection--Application to rights held individually and as trustee--Rescission of application made by creditor.
If no application be made pursuant to §20-4-7, the creditor, within a reasonable time after such performance, may apply it toward the extinction of any obligation, performance of which was due to him from the debtor at the time of such performance; except that if similar obligations were due to him, both individually and as a trustee, he must, unless otherwise directed by the debtor, apply the performance to the extinction of all such obligations in equal proportion; and an application once made by the creditor cannot be rescinded without the consent of the debtor.
Source:
CivC 1877, §833, subdiv 2; CL 1887, §3457, subdiv 2; RCivC 1903, §1150, subdiv 2; RC 1919, §757 (2); SDC 1939, §47.0207 (2).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 04 - Performance Of Obligations › Section 20-4-9 - Application of performance in absence of selection by parties.

20-4-9. Application of performance in absence of selection by parties.
If neither party makes application pursuant to §20-4-7 or §20-4-8 within a reasonable time after performance, the performance must be applied to the extinction of obligations in the following order; and if there be more than one obligation of a particular class, to the extinction of all in that class, ratably:
(1)Of interest due at the time of the performance;
(2)Of principal due at that time;
(3)Of the obligation earliest in date of maturity;
(4)Of an obligation not secured by a lien or collateral undertaking;
(5)Of an obligation secured by a lien or collateral undertaking.
Source:
CivC 1877, §833, subdiv 3; CL 1887, §3457, subdiv 3; RCivC 1903, §1150, subdiv 3; RC 1919, §757 (3); SDC 1939, §47.0207 (3).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-1 - Obligation extinguished by offer of performance.

20-5-1. Obligation extinguished by offer of performance.
An obligation is extinguished by an offer of performance, made in conformity to the rules prescribed in this chapter, and with intent to extinguish the obligation.
Source:
CivC 1877, §834; CL 1887, §3458; RCivC 1903, §1151; RC 1919, §758; SDC 1939, §47.0208.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-2 - Offer of partial performance.

20-5-2. Offer of partial performance.
An offer of partial performance is of no effect.
Source:
CivC 1877, §835; CL 1887, §3459; RCivC 1903, §1152; RC 1919, §759; SDC 1939, §47.0210.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-3 - Offer of performance made by or on behalf of debtor.

20-5-3. Offer of performance made by or on behalf of debtor.
An offer of performance must be made by the debtor, or by some person on his behalf and with his assent.
Source:
CivC 1877, §836; CL 1887, §3460; RCivC 1903, §1153; RC 1919, §760; SDC 1939, §47.0211.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-4 - Offer of performance made to creditor or authorized person.

20-5-4. Offer of performance made to creditor or authorized person.
An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if such creditor or authorized person is present at the place where the offer may be made; and if not, wherever the creditor may be found.
Source:
CivC 1877, §837; CL 1887, §3461; RCivC 1903, §1154; RC 1919, §761; SDC 1939, §47.0212.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-5 - Place of offer of performance.

20-5-5. Place of offer of performance.
In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:
(1)At any place appointed by the creditor;
(2)Wherever the person to whom the offer ought to be made can be found;
(3)If such person cannot, with reasonable diligence, be found within this state, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the state; or
(4)If this cannot be done, then at any place within the state.
Source:
CivC 1877, §838; CL 1887, §3462; RCivC 1903, §1155; RC 1919, §762; SDC 1939, §47.0213.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-6 - Time of offer of performance.

20-5-6. Time of offer of performance.
Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards. Where an obligation does not fix a time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform.
Source:
CivC 1877, §§839, 840; CL 1887, §§3463, 3464; RCivC 1903, §§1156, 1157; RC 1919, §§763, 764; SDC 1939, §47.0214.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-7 - Delayed offer of performance with compensation for delay.

20-5-7. Delayed offer of performance with compensation for delay.
Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor or by any other person in the meantime.
Source:
CivC 1877, §841; CL 1887, §3465; RCivC 1903, §1158; RC 1919, §765; SDC 1939, §47.0215.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-8 - Good faith offer required.

20-5-8. Good faith offer required.
An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.
Source:
CivC 1877, §842; CL 1887, §3466; RCivC 1903, §1159; RC 1919, §766; SDC 1939, §47.0216.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-9 - Offer to be free from conditions.

20-5-9. Offer to be free from conditions.
An offer of performance must be free from any condition which the creditor is not bound on his part to perform.
Source:
CivC 1877, §843; CL 1887, §3467; RCivC 1903, §1160; RC 1919, §767; SDC 1939, §47.0217.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-10 - Ability and willingness to perform required for offer.

20-5-10. Ability and willingness to perform required for offer.
An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
Source:
CivC 1877, §844; CL 1887, §3468; RCivC 1903, §1161; RC 1919, §768; SDC 1939, §47.0218.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-11 - Tender of delivery not required until offer accepted.

20-5-11. Tender of delivery not required until offer accepted.
The thing to be delivered, if any, need not in any case be actually produced upon an offer of performance, unless the offer is accepted.
Source:
CivC 1877, §845; CL 1887, §3469; RCivC 1903, §1162; RC 1919, §769; SDC 1939, §47.0219.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-12 - Thing offered to be separable.

20-5-12. Thing offered to be separable.
A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.
Source:
CivC 1877, §846; CL 1887, §3470; RCivC 1903, §1163; RC 1919, §770; SDC 1939, §47.0220.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-13 - Conditional offer permitted.

20-5-13. Conditional offer permitted.
When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition.
Source:
CivC 1877, §847; CL 1887, §3471; RCivC 1903, §1164; RC 1919, §771; SDC 1939, §47.0221.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-14 - Receipt for property delivered in performance.

20-5-14. Receipt for property delivered in performance.
A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.
Source:
CivC 1877, §848; CL 1887, §3472; RCivC 1903, §1165; RC 1919, §772; SDC 1939, §47.0222.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-15 - Waiver by failure to state objections to mode of offer.

20-5-15. Waiver by failure to state objections to mode of offer.
All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.
Source:
CivC 1877, §850; CL 1887, §3474; RCivC 1903, §1167; RC 1919, §774; SDC 1939, §47.0223.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-16 - Passage of title to thing offered in performance.

20-5-16. Passage of title to thing offered in performance.
The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.
Source:
CivC 1877, §851; CL 1887, §3475; RCivC 1903, §1168; RC 1919, §775; SDC 1939, §47.0224.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-17 - Retention of thing offered until acceptance by creditor.

20-5-17. Retention of thing offered until acceptance by creditor.
The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depository for hire until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer; and if, with reasonable diligence, he can find a suitable depository therefor, until he has deposited it with such person.
Source:
CivC 1877, §852; CL 1887, §3476; RCivC 1903, §1169; RC 1919, §776; SDC 1939, §47.0225.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-18 - Interest stopped by offer of performance.

20-5-18. Interest stopped by offer of performance.
An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.
Source:
CivC 1877, §853; CL 1887, §3477; RCivC 1903, §1171; RC 1919, §778; SDC 1939, §47.0227.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 05 - Offer Of Performance Of Obligations › Section 20-5-19 - Retention by creditor of thing not accepted as performance.

20-5-19. Retention by creditor of thing not accepted as performance.
If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is gratuitous depository thereof.
Source:
CivC 1877, §854; CL 1887, §3478; RCivC 1903, §1172; RC 1919, §779; SDC 1939, §47.0228.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-1 - Want of performance or delay excused.

20-6-1. Want of performance or delay excused.
The want of performance of an obligation, or of an offer of performance, in whole or in part, or any delay therein, is excused by the causes described in §§20-6-2 to 20-6-4, inclusive, to the extent to which they operate.
Source:
CivC 1877, §855; CL 1887, §3479; RCivC 1903, §1173; RC 1919, §780; SDC 1939, §47.0229.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-2 - Uncontrollable cause excusing want or delay of performance.

20-6-2. Uncontrollable cause excusing want or delay of performance.
Want of performance, or of an offer of performance, or any delay therein, is excused when it is prevented or delayed by an irresistible superhuman cause, or by the act of public enemies of this state, or of the United States, unless the parties have expressly agreed to the contrary.
Source:
CivC 1877, §855, subdiv 2; CL 1887, §3479, subdiv 2; RCivC 1903, §1173, subdiv 2; RC 1919, §780 (2); SDC 1939, §47.0229 (2).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-3 - Want or delay of performance excused by creditor's act inducing nonperformance.

20-6-3. Want or delay of performance excused by creditor's act inducing nonperformance.
Want of performance, or of an offer of performance, or any delay therein, is excused when the debtor is induced not to make it, by any act of the creditor intended or naturally tending to have that effect, done at or before the time at which such performance or offer may be made, and not rescinded before that time.
Source:
CivC 1877, §855, subdiv 3; CL 1887, §3479, subdiv 3; RCivC 1903, §1173, subdiv 3; RC 1919, §780 (3); SDC 1939, §47.0229 (3).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-4 - Want or delay of performance excused by creditor's act or operation of law preventing performance.

20-6-4. Want or delay of performance excused by creditor's act or operation of law preventing performance.
Want of performance, or of an offer of performance, or any delay therein, is excused when such performance or offer is prevented or delayed by the act of the creditor, or by the operation of law, even though there may have been a stipulation that this shall not be an excuse.
Source:
CivC 1877, §855, subdiv 1; CL 1887, §3479, subdiv 1; RCivC 1903, §1173, subdiv 1; RC 1919, §780 (1); SDC 1939, §47.0229 (1).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-5 - Debtor entitled to benefits when performance prevented by creditor.

20-6-5. Debtor entitled to benefits when performance prevented by creditor.
If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits, which he would have obtained, if it had been performed by both parties.
Source:
CivC 1877, §856; CL 1887, §3480; RCivC 1903, §1174; RC 1919, §781; SDC 1939, §47.0230.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-6 - Debtor entitled to portion of benefits when performance prevented other than by creditor.

20-6-6. Debtor entitled to portion of benefits when performance prevented other than by creditor.
If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which he would have been entitled upon full performance according to the benefit which the creditor receives from the actual performance.
Source:
CivC 1877, §857; CL 1887, §3481; RCivC 1903, §1175; RC 1919, §782; SDC 1939, §47.0231.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 06 - Excuses For Want Of Performance › Section 20-6-7 - Refusal of performance before offer equivalent to offer and refusal.

20-6-7. Refusal of performance before offer equivalent to offer and refusal.
A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness to accept it.
Source:
CivC 1877, §858; CL 1887, §3482; RCivC 1903, §1176; RC 1919, §783; SDC 1939, §47.0232.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-1 - Accord defined.

20-7-1. Accord defined.
An accord is an agreement to accept, in extinction of an obligation, something different from that to which the person agreeing to accept is entitled.
Source:
CivC 1877, §859; CL 1887, §3483; RCivC 1903, §1177; RC 1919, §784; SDC 1939, §47.0233.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-2 - Execution of accord required to extinguish obligation.

20-7-2. Execution of accord required to extinguish obligation.
Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.
Source:
CivC 1877, §860; CL 1887, §3484; RCivC 1903, §1178; RC 1919, §785; SDC 1939, §47.0234.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-3 - Acceptance of accord as satisfaction--Obligation extinguished.

20-7-3. Acceptance of accord as satisfaction--Obligation extinguished.
Acceptance by the creditor, of the consideration of an accord, extinguishes the obligation and is called satisfaction.
Source:
CivC 1877, §861; CL 1887, §3485; RCivC 1903, §1179; RC 1919, §786; SDC 1939, §47.0235.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-4 - Obligation extinguished by part performance accepted in writing as satisfaction.

20-7-4. Obligation extinguished by part performance accepted in writing as satisfaction.
Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.
Source:
CivC 1877, §862; CL 1887, §3486; RCivC 1903, §1180; RC 1919, §787; SDC 1939, §47.0236.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-5 - Novation defined.

20-7-5. Novation defined.
Novation is the substitution by contract of a new obligation for an existing one and is subject to the rules concerning contracts in general.
Source:
CivC 1877, §§863, 865; CL 1887, §§3487, 3489; RCivC 1903, §§1181, 1183; RC 1919, §§788, 790; SDC 1939, §47.0237.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-6 - Novation by substitution of obligation.

20-7-6. Novation by substitution of obligation.
Novation is made by the substitution of a new obligation between the same parties, with intent to extinguish the old obligation.
Source:
CivC 1877, §864, subdiv 1; CL 1887, §3488, subdiv 1; RCivC 1903, §1182, subdiv 1; RC 1919, §789 (1); SDC 1939, §47.0238 (1).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-7 - Novation by substitution of debtor.

20-7-7. Novation by substitution of debtor.
Novation is made by the substitution of a new debtor in place of the old one, with intent to release the latter.
Source:
CivC 1877, §864, subdiv 2; CL 1887, §3488, subdiv 2; RCivC 1903, §1182, subdiv 2; RC 1919, §789 (2); SDC 1939, §47.0238 (2).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-8 - Novation by substitution of creditor.

20-7-8. Novation by substitution of creditor.
Novation is made by the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.
Source:
CivC 1877, §864, subdiv 3; CL 1887, §3488, subdiv 3; RCivC 1903, §1182, subdiv 3; RC 1919, §789 (3); SDC 1939, §47.0238 (3).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-9 - Rescission of satisfaction by substitution of debtor.

20-7-9. Rescission of satisfaction by substitution of debtor.
When the obligation of a third person on an order upon such person is accepted in satisfaction, the creditor may rescind such acceptance if the debtor prevents such person from complying with the order, or from fulfilling the obligation; or if, at the time the obligation or order is received, such person is insolvent, and this fact is unknown to the creditor; or if, before the creditor can with reasonable diligence present the order to the person upon whom it is given, he becomes insolvent.
Source:
CivC 1877, §866; CL 1887, §3490; RCivC 1903, §1184; RC 1919, §791; SDC 1939, §47.0239.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-10 - Obligation extinguished by release on new consideration or in writing.

20-7-10. Obligation extinguished by release on new consideration or in writing.
An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration.
Source:
CivC 1877, §867; CL 1887, §3491; RCivC 1903, §1185; RC 1919, §792; SDC 1939, §47.0240.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-11 - Unknown claims not released by general release.

20-7-11. Unknown claims not released by general release.
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Source:
CivC 1877, §868; CL 1887, §3492; RCivC 1903, §1186; RC 1919, §793; SDC 1939, §47.0241.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations › Section 20-7-12 - Joint debtors not released by release of one--Right of contribution.

20-7-12. Joint debtors not released by release of one--Right of contribution.
A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him.
Source:
CivC 1877, §869; CL 1887, §3493; RCivC 1903, §1187; RC 1919, §794; SDC 1939, §47.0242.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 08 - Restoration Of Things Improperly Obtained › Section 20-8-1 - Obligation to restore thing obtained without consent or by unlawful exaction.

20-8-1. Obligation to restore thing obtained without consent or by unlawful exaction.
One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.
Source:
CivC 1877, §977; CL 1887, §3601; RCivC 1903, §1295; RC 1919, §799; SDC 1939, §47.0305.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 08 - Restoration Of Things Improperly Obtained › Section 20-8-2 - Demand not required for obligation to restore--Notice of mutual mistake required.

20-8-2. Demand not required for obligation to restore--Notice of mutual mistake required.
The restoration required by §20-8-1 must be made without demand except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake.
Source:
CivC 1877, §978; CL 1887, §3602; RCivC 1903, §1296; RC 1919, §800; SDC 1939, §47.0306.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-1 - Responsibility for injury by willful act or negligence--Contributory negligence.

20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence.
Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.
Source:
CivC 1877, §979; CL 1887, §3603; RCivC 1903, §1297; RC 1919, §801; SDC 1939, §47.0304.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-1.1 - Loss of chance doctrine abrogated.

20-9-1.1.Loss of chance doctrine abrogated.
The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called loss of chance doctrine in such cases improperly alters or eliminates the requirement of proximate causation. Therefore, the rule in Jorgenson v. Vener, 2000 SD 87, 616 N. W. 2d 366 (2000) is hereby abrogated.
Source:
SL 2002, ch 96, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-1.2 - Other rules and principles not affected.

20-9-1.2. Other rules and principles not affected.
The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court's decision. The Legislature does not intend to affect any other rule or principle of statutory or common law, including but not limited to, aggravation of preexisting injuries, proximate causation, and the requirement of informed consent for all medical treatment.
Source:
SL 2002, ch 96, §2.