Title 20 — PERSONAL RIGHTS AND OBLIGATIONS

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, § …

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.

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.

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…

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…

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.

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.

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.…

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.

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).

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).

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)…

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…

One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto …

The restoration required by § 20-8-1 must be made without demand except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. Source: CivC 1877, § 978; CL 1887, § 3602; RCivC 1903, § …

Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence. Source: CivC 1877, § 979; CL 1887, § 3603; RCivC…

The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called los…

The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court's decision. The Legislature does not intend to affect any other rule or principle of st…

Notwithstanding the provisions of subdivision 20-9-16(1), no cause of action may arise against the owner, tenant, or lessee of any real estate for any injury to any person or death resulting therefrom or damage to property of such person when such person is on the flooded lands o…

For the purposes of §§ 20-9-11.2 to 20-9-11.6 , inclusive, a trespasser is any person who enters on the property of another without permission and without an invitation, express or implied. Source: SL 2011, ch 111 , § 6.

No person with a possessory interest in land, including an owner, lessee, or other occupant, owes any duty of care to a trespasser nor is subject to liability for any injury to a trespasser except as provided in §§ 20-9-11.3 to 20-9-11.6 , inclusive. Source: SL 2011, ch 111 , § 1…

A person with a possessory interest in land may be subject to liability if the trespasser's physical injury or death was intentionally caused, including by entrapment, and if the injury or death was not justifiable pursuant to §

A person with a possessory interest in land may be subject to liability for physical injury or death to a child thirteen years of age or younger resulting from an artificial condition on the land if: (1) The person knew or had reason to know that children of that age were likely …

A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor's knowledge should have known, that trespassers consistently intrude upon a limited area of the possesso…

A person with a possessory interest in land may be subject to liability for physical injury or death to a known trespasser if: (1) The trespasser was harmed as a result of the person's failure to carry on dangerous activities on the land with reasonable care for the trespasser's …

Except as provided in § 20-9-16 , an owner of land owes no duty of care to keep the land safe for entry on or use by any participant for outdoor recreational activity, or to give any warning of a dangerous condition, use, structure, or activity on the owner's land to any particip…

Except as provided in § 20-9-16 , an owner of land who either directly or indirectly invites or permits without charge any participant to enter on or use the owner's land for outdoor recreational activity, or an owner upon whose land an individual has entered pursuant to § 41-9-8…

Unless otherwise agreed in writing, the provisions of §§ 20-9-13 and 20-9-14 apply to the duties and liability of an owner of land leased to the state or any political subdivision of the state for outdoor recreational activity. Source: SL 1987, ch 158 , § 4; SL 2010, ch 109 , § 4…

Nothing in §§ 20-9-12 to 20-9-18 , inclusive, limits in any way any liability which otherwise exists: (1) For gross negligence or willful or wanton misconduct of the owner; (2) For injury suffered in any case where the owner of land charges any participant, except as provided in …

The provisions of subdivision 20-9-16 (2) do not apply to injury to an individual or property resulting from inherent risk of an agritourism activity if the owner charges a participant for entry on or use of the land for the agritourism activity and the owner: (1) Posts and maint…

Sections 20-9-12 to 20-9-18 , inclusive, may not be construed to create a duty of care or ground of liability for injury to persons or property, or relieve any person entering on or using the land of another for outdoor recreational activity from any obligation which the person m…

Sections 20-9-12 to 20-9-18 , inclusive, does not affect the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions highly dangerous to children. Source: SL 1987, ch 158 , § 7.

Terms used in §§ 20-9-19 to 20-9-23 , inclusive, mean: (1) "Land," all land, trails, water, watercourses, lakes, ponds, reservoirs, or improvements to real property, except for machinery and equipment on or attached to the realty, when located on lands owned, leased, or managed b…

In all actions brought to recover damages for injuries to a person or to that person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plainti…

Except as provided in § 20-9-22 , any political subdivision of South Dakota, and its employees acting within the scope of their duties owe no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes, or to give any warning of a dangerous con…

Except as provided in § 20-9-22 , any political subdivision of South Dakota, and its employees, by either directly or indirectly inviting or permitting the person to use the land described for outdoor recreational purposes or by charging a fee for admittance to parks, campgrounds…

Nothing in §§ 20-9-19 to 20-9-23 , inclusive, limits in any way any liability which otherwise exists: (1) For gross negligence or willful or wanton misconduct of the political subdivision of South Dakota, or its employees; and (2) For injury suffered in any case where the politic…

Nothing in §§ 20-9-19 to 20-9-23 , inclusive, affects the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions unreasonably dangerous to children. Source: SL 1996, ch 147 , § 5.

Terms used in §§ 20-9-24 to 20-9-28 mean: (1) "Land," all land, trails, water, watercourses, lakes, ponds, reservoirs, or improvements to real property, except for machinery and equipment on or attached to the realty, when located on lands owned, leased, or managed by the South D…

Except as provided in § 20-9-27 , the State of South Dakota, its agencies, and its employees acting within the scope of their duties owe no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes, or to give any warning of a dangerous condi…

Except as provided in § 20-9-27 , the State of South Dakota, its agencies, and employees, by either directly or indirectly inviting or permitting the person to use the land described for outdoor recreational purposes or by charging a fee for admittance to parks, campgrounds, or o…

Nothing in §§ 20-9-24 to 20-9-28 , inclusive, limits in any way any liability which otherwise exists: (1) For gross negligence or willful or wanton misconduct of the State of South Dakota, its agencies or employees; and (2) For injury suffered in any case where the State of South…

Nothing in §§ 20-9-24 to 20-9-28 , inclusive, affects the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions unreasonably dangerous to children. Source: SL 1996, ch 148 , § 5.

Terms used in §§ 20-9-29 to 20-9-31 , inclusive, mean: (1) "Person," any corporation, family farm corporation, limited liability corporation, cooperative association, partnership, limited partnership, limited liability partnership, joint venture, natural person, or other legally …

No physician, surgeon, osteopath, physician assistant, registered nurse, or licensed practical nurse, licensed under the provisions of chapters 36-4 , 36-4A , and 36-9 , who in good faith renders, in this state, emergency care at the scene of the emergency, shall be liable for an…

Any person who holds an ownership interest in livestock and negligently entrusts the possession or control of that livestock to another person shall be jointly and severally liable for all environmental damages which are caused by the acts or omissions of the person entrusted wit…

Any person who holds an ownership interest in livestock and controls or specifies through a contract or other business relationship the design, construction, or operational instructions of the facilities which care for that livestock shall be jointly and severally liable for all …

In addition to the criminal penalty provided in § 22-19B-1 , there is a civil cause of action for malicious harassment. The victim of malicious intimidation or harassment may recover both special and general damages, including damages for emotional distress, reasonable attorney f…

Any person who violates § 22-11-28 is liable in a civil action to any person for any injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other reasonable expenses incurred as a res…

Any person who violates § 22-11-31 is liable in a civil action to any person for any injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other reasonable expenses incurred as a res…