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 South Dakota legislature deals with damages for breach of contracts.
- The chapter is divided into 10 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 the promise given as per the contract.
- In case of financial transactions
- the defendant will be required to make the payment along with the 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 will reverse the damages.
Need of an attorney
If you are dealing a contract fraud, failure to follow of a non-disclosure agreement or even non-payment claims, it would be wise to hire an attorney in order 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 to know your rights, options and legal remedies to deal with the breach.