The following obligations cannot be specifically enforced:

(1) An obligation to render personal service;

Terms Used In South Dakota Codified Laws 21-9-2

  • 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

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

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

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

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

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

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