2015 South Dakota Codified Laws
Title 21 - JUDICIAL REMEDIES
Chapter 02 - Damages For Breach Of Contract
§ 21-2-1 General measure of damages for breach of contract--Uncertain damages not recovered.

SD Codified L § 21-2-1 (2015) What's This?

21-2-1. General measure of damages for breach of contract--Uncertain damages not recovered.

For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and their origin.

Source: CivC 1877, §§ 1947, 1948; CL 1887, § 4581; RCivC 1903, § 2293; RC 1919, § 1966; SDC 1939 & Supp 1960, § 37.1801.

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