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South Dakota Statutes, Title 20

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Title 20, PERSONAL RIGHTS AND OBLIGATIONS

17 chapters · 245 sections in this title.

All chapters in Title 20245 Ch 9, LIABILITY FOR TORTS73 Ch 13, HUMAN RIGHTS73 Ch 5, OFFER OF PERFORMANCE OF OBLIGATIONS19 Ch 7, ACCORD AND SATISFACTION, NOVATION AN…12 Ch 4, PERFORMANCE OF OBLIGATIONS9 Ch 11, LIABILITY FOR DEFAMATION8 Ch 6, EXCUSES FOR WANT OF PERFORMANCE7 Ch 12, MUNICIPAL AND COUNTY PROTECTION OF H…7 Ch 15, ACCESSIBILITY LAW VIOLATIONS7 Ch 1, THE NATURE OF OBLIGATIONS6 Ch 2, CONDITIONAL OBLIGATIONS6 Ch 11A, POWERS AND OBLIGATIONS OF PERSONS OF…5 Ch 3, ALTERNATIVE OBLIGATIONS4 Ch 10A, LIABILITY FOR DISPARAGEMENT OF AGRIC…4

9 sections·Filtered byTitle 20✕Ch 4✕

SDCL § 20-4-1 Obligation extinguished by full performance
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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, § 47.0…
SDCL § 20-4-2 Joint obligation extinguished by performance by one person
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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.
SDCL § 20-4-3 Joint right extinguished by performance to one person--Deposit excepted
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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, § 11…
SDCL § 20-4-4 Obligation extinguished by performance in manner directed by creditor
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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. Sour…

SDCL § 20-4-5 Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception

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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 retain…

SDCL § 20-4-6 Performance applicable to two or more obligations

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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; …

SDCL § 20-4-7 Performance applied according to debtor's intent

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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, sub…

SDCL § 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

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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 obliga…

SDCL § 20-4-9 Application of performance in absence of selection by parties

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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 extincti…