§ 21-1-1 Right to damages for detriment from unlawful act or omission of another
§ 21-1-2 Nominal damages for breach of duty without detriment
§ 21-1-3 Damages to be reasonable
§ 21-1-4 Exemplary or penal damages only as provided–Interest on damages
§ 21-1-4.1 Discovery and trial of exemplary damage claims
§ 21-1-5 Damages for breach of obligation not to exceed gain from full performance–Exceptions
§ 21-1-6 Market value considered in estimating damage to property
§ 21-1-7 Market value considered in estimating damages for deprivation of possession ofproperty
§ 21-1-8 Peculiar value of property to plaintiff considered in damages against defendant withnotice or willful wrongdoer
§ 21-1-9 Value of instrument presumed equal to value of property represented
§ 21-1-10 Damages awarded for detriment after commencement of action
§ 21-1-12 Acceptance of principal as waiver of interest
§ 21-1-13.1 Interest on damages–Prejudgment interest–Retroactive application
§ 21-1-13.2 Application of interest statutes
§ 21-1-14 Liability of issuer of bad check for collection costs–Costs included in restitutionaward
§ 21-1-15 Definitions
§ 21-1-16 Residential construction defects–Notice and opportunity to remedy–Time forinspection and offer to repair or compensate

Terms Used In South Dakota Codified Laws > Title 21 > Chapter 1 - Actions for Damages Generally

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • Verdict: The decision of a petit jury or a judge.
  • 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