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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

12 sections·Filtered byTitle 20✕Ch 7✕

SDCL § 20-7-1 Accord defined
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An accord is an agreement to accept, in extinction of an obligation, something different from that to which the person agreeing to accept is entitled. Source: CivC 1877, § 859; CL 1887, § 3483; RCivC 1903, § 1177; RC 1919, § 784; SDC 1939, § 47.0233.
SDCL § 20-7-10 Obligation extinguished by release on new consideration or in writing
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An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration. Source: CivC 1877, § 867; CL 1887, § 3491; RCivC 1903, § 1185; RC 1919, § 792; SDC 1939, § 47.0240.
SDCL § 20-7-11 Unknown claims not released by general release
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A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Source: CivC 1877, § 868; CL 1887, § 3492; RCivC…
SDCL § 20-7-12 Joint debtors not released by release of one--Right of contribution
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A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him. Source: CivC 1877, § 869; CL 1887, § 3493; RCivC 1903, § 1187; RC 1919, § 794; SDC 193…

SDCL § 20-7-2 Execution of accord required to extinguish obligation

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Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed. Source: CivC 1877, § 860; CL 1887, § 3484; RCivC 1903, § 1178; RC 1919, § 785; SDC 1939, § 47.0234.

SDCL § 20-7-3 Acceptance of accord as satisfaction--Obligation extinguished

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Acceptance by the creditor, of the consideration of an accord, extinguishes the obligation and is called satisfaction. Source: CivC 1877, § 861; CL 1887, § 3485; RCivC 1903, § 1179; RC 1919, § 786; SDC 1939, § 47.0235.

SDCL § 20-7-4 Obligation extinguished by part performance accepted in writing as satisfaction

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Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.…

SDCL § 20-7-5 Novation defined

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Novation is the substitution by contract of a new obligation for an existing one and is subject to the rules concerning contracts in general. Source: CivC 1877, §§ 863, 865; CL 1887, §§ 3487, 3489; RCivC 1903, §§ 1181, 1183; RC 1919, §§ 788, 790; SDC 1939, § 47.0237.

SDCL § 20-7-6 Novation by substitution of obligation

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Novation is made by the substitution of a new obligation between the same parties, with intent to extinguish the old obligation. Source: CivC 1877, § 864, subdiv 1; CL 1887, § 3488, subdiv 1; RCivC 1903, § 1182, subdiv 1; RC 1919, § 789 (1); SDC 1939, § 47.0238 (1).

SDCL § 20-7-7 Novation by substitution of debtor

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Novation is made by the substitution of a new debtor in place of the old one, with intent to release the latter. Source: CivC 1877, § 864, subdiv 2; CL 1887, § 3488, subdiv 2; RCivC 1903, § 1182, subdiv 2; RC 1919, § 789 (2); SDC 1939, § 47.0238 (2).

SDCL § 20-7-8 Novation by substitution of creditor

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Novation is made by the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former. Source: CivC 1877, § 864, subdiv 3; CL 1887, § 3488, subdiv 3; RCivC 1903, § 1182, subdiv 3; RC 1919, § 789 (3); SDC 1939, § 47.0238 (3)…

SDCL § 20-7-9 Rescission of satisfaction by substitution of debtor

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When the obligation of a third person on an order upon such person is accepted in satisfaction, the creditor may rescind such acceptance if the debtor prevents such person from complying with the order, or from fulfilling the obligation; or if, at the time the obligation or order…