Title 20 — PERSONAL RIGHTS AND OBLIGATIONS
17 chapters · 256 sections in this title.
SDCL § 20-6-1 Want of performance or delay excused
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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, §…
SDCL § 20-6-2 Uncontrollable cause excusing want or delay of performance
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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 contra…
SDCL § 20-6-3 Want or delay of performance excused by creditor's act inducing nonperformance
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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,…
SDCL § 20-6-4 Want or delay of performance excused by creditor's act or operation of law preventing performance
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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. Sour…
SDCL § 20-6-5 Debtor entitled to benefits when performance prevented by creditor
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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…
SDCL § 20-6-6 Debtor entitled to portion of benefits when performance prevented other than by creditor
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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 cr…
SDCL § 20-6-7 Refusal of performance before offer equivalent to offer and refusal
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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, § …