As per South Dakota Supreme Court, if there is a breach of contract, there must be
1. An enforceable agreement,
2. Breach of the agreement/contract, and
3. Damages resulted from the breach.
Chapter 21-2 of the South Dakota legislature deals with damages for breach of contracts.
- The chapter is divided into ten sections containing provisions governing breach of contracts relating to
- financial transactions,
- real estate dealings,
- freight delivery, etc.
- The breach refers to the failure to adhere to the promise given as per the contract.
- In the case of financial transactions
- the defendant will be required to make the payment along with interest the rate of which will be ordered by the Court.
- In case of other transactions
- the Court may issue an order of specific performance if such performance reverses the damages.
The need for an attorney
If you are dealing with contract fraud, failure to follow a non-disclosure agreement, or even non-payment claims, it would be wise to hire an attorney to know whether you have a valid claim.
The expert attorney will assist you to know your rights, options, and legal remedies to deal with the breach.