Title 20, PERSONAL RIGHTS AND OBLIGATIONS

An obligation is a legal duty by which a person is bound to do or not to do a certain thing. Source: CivC 1877, § 798; CL 1887, § 3421; RCivC 1903, § 1114; RC 1919, § 721; SDC 1939, § 47.0101.

An obligation arises either from: (1) The contract of the parties; or (2) The operation of law. Source: CivC 1877, § 799; CL 1887, § 3422; RCivC 1903, § 1115; RC 1919, § 722; SDC 1939, § 47.0102.

An obligation arising by operation of law may be either a general legal duty imposed upon all persons indifferently by law or a legal duty affixed by operation of law to a status or relationship voluntarily assumed. Source: SDC 1939, § 47.0103.

An obligation imposed upon several persons, or a right created in favor of several persons may be: (1) Joint; (2) Several; or (3) Joint and several. Source: CivC 1877, § 801; CL 1887, § 3424; RCivC 1903, § 1117; RC 1919, § 724; SDC 1939, § 47.0104.

An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in §§ 53-2-4 and 53-2-5 . This presumption, in the case of a right, can be overcome only by express words to…

A party to a joint, or joint and several, obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him. Source: CivC 1877, § 803; CL 1887, § 3426; RCivC 1903, § 1119; RC 1919, § 726; SDC 1939…

An obligation is conditional when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. Source: CivC 1877, § 804; CL 1887, § 3427; RCivC 1903, § 1120; RC 1919, § 727; SDC 1939, § 47.0107.

A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of chapter 53-5 relating to the object of contracts, or which is repugnant to the nature of the interest created by the contract is void. Source: CivC 1877, § 811; CL 1887, § 3434; R…

A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created. Source: CivC 1877, § 812; CL 1887, § 3435; RCivC 1903, § 1128; RC 1919, § 735; SDC 1939, § 47.0112.

Conditions may be precedent, concurrent, or subsequent. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. Conditions concurrent are those which are mutually dependent, and are to be perfo…

Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able, and offer, to fulfill all conditions concurrent, so imposed upon him, on the like fulfillment by the o…

If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligatio…

An obligation which requires the performance of one of two acts at the option of a party is an alternative obligation. The party required to perform has the right of selection unless the terms of the obligation otherwise provide. Source: CivC 1877, § 813; CL 1887, § 3436; RCivC 1…

If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone. Source: CivC 1877, § 816; CL 1887, § 3439; RCivC 1903, § 1132; RC …

The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another, without the consent of the other party. Source: CivC 1877, § 815; CL 1887, § 3438; RCivC 1903, § 1131; RC 1919, § 738; SDC …

If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, …

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…

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.

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…

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…

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…

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; …

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…

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…

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…

An obligation is extinguished by an offer of performance, made in conformity to the rules prescribed in this chapter, and with intent to extinguish the obligation. Source: CivC 1877, § 834; CL 1887, § 3458; RCivC 1903, § 1151; RC 1919, § 758; SDC 1939, § 47.0208.

An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer. Source: CivC 1877, § 844; CL 1887, § 3468; RCivC 1903, § 1161; RC 1919, § 768; SDC 1939, § 47.0218.

The thing to be delivered, if any, need not in any case be actually produced upon an offer of performance, unless the offer is accepted. Source: CivC 1877, § 845; CL 1887, § 3469; RCivC 1903, § 1162; RC 1919, § 769; SDC 1939, § 47.0219.

A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty. Source: CivC 1877, § 846; CL 1887, § 3470; RCivC 1903, § 1163; RC 1919, § 770; SDC 1939, § 47.0220.

When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition. Source: CivC 1877, § 847; CL 1887, § 3471; RCivC 1903, § 1164; RC 1919, § 771; SDC 19…

A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation. Source: CivC 1877, § 848; CL 1887, § 3472; RCivC 1903, § 1165; RC 1919, § 772; SDC 1939, § 47.0222.

All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated. Source: CivC 1877, § 850; CL 1887, § 3474; RC…

The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect. Source: CivC 1877, § 851; CL 1887, § 3475; RCivC 1903, § 1168; RC 1919, § 775; SDC 1939, § 47.0224.

The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depository for hire until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no lo…

An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof. Source: CivC 1877, § 853; CL 18…

If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is gratuitous depository thereof. Source: CivC 1877, § 854; CL 1887, § 3478; RCivC 1903, § 1172; RC 1919, § 779; SDC…

An offer of partial performance is of no effect. Source: CivC 1877, § 835; CL 1887, § 3459; RCivC 1903, § 1152; RC 1919, § 759; SDC 1939, § 47.0210.

An offer of performance must be made by the debtor, or by some person on his behalf and with his assent. Source: CivC 1877, § 836; CL 1887, § 3460; RCivC 1903, § 1153; RC 1919, § 760; SDC 1939, § 47.0211.

An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if such creditor or authorized person is present at the place where the off…

In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: (1) At any place appointed by the creditor; (2) Wherever the person to whom the offer ought to be made can be found; (3) If such person cannot, with reasonabl…

Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards. Where an obligation does not fix a time for its performance, an offer of performance may be made at any time before the…

Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance accompanied with an offer of such compensation, may be made at any time after it is due, but without pr…

An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor. Source: CivC 1877, § 842; CL 1887, § 3466; RCivC 1903, § 1159; RC 1919, § 766; SDC 1939, § 47.0216.

An offer of performance must be free from any condition which the creditor is not bound on his part to perform. Source: CivC 1877, § 843; CL 1887, § 3467; RCivC 1903, § 1160; RC 1919, § 767; SDC 1939, § 47.0217.

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, §…

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…

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,…

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…

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…

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…