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South Dakota Breach of Contract laws

HomeBreach of Contract South DakotaSouth Dakota Breach of Contract laws

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 divides into ten sections containing provisions governing breach of contracts relating to
    • financial transactions,
    • encumbrances,
    • 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 require to make the payment along with interest, the rate of which will be ordered by the Court.
  • In the 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.

Your attorney will help you differentiate and understand what type of breach of contract has occurred in your case.

The expert attorney will assist you in knowing your rights, options, and legal remedies to deal with the breach.

Important: The articles available on are neither legal advice nor a replacement for an attorney. The contents are general information and guidance concerning different legal issues. We make sure that these articles prove helpful to you, but we do not promise or guarantee that they are suitable for your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, we strictly suggest you get expert legal advice. Consult or hire an attorney in case of any doubt.