§ 21-9-1 Performance may be compelled except as provided
§ 21-9-2 Obligations and agreements not specifically enforceable
§ 21-9-3 Unfair and unreasonable contracts not specifically enforceable
§ 21-9-4 Mutuality of remedy or full performance by plaintiff required for specificperformance
§ 21-9-5 Performance of conditions precedent required for specific performance–Compensation for plaintiff’s defaults
§ 21-9-6 Clear title required for specific performance of agreement to purchase property
§ 21-9-7 Real property obligation enforceable against successor in interest–Good faithpurchaser–Exoneration by conveyance
§ 21-9-8 Performance or offer to perform in lieu of signature of written contract
§ 21-9-9 Adequacy of compensation for failure to transfer property
§ 21-9-10 Compelling delivery of personal property to person entitled to possession
§ 21-9-11 Specific enforcement of penalty not permitted–Contract enforceable despite penaltyor liquidated damages clause
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 9 - Actions for Specific Performance

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2