South Dakota Codified Laws
Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind
Section 20-11A-5 - Restriction on subjection to exemplary damages.

20-11A-5. Restriction on subjection to exemplary damages.
A person of unsound mind cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was wrongful.

Source: CivC 1877, §24; CL 1887, §2523; RCivC 1903, §24; RC 1919, §90; SDC 1939, §30.0805; SDCL §27A-2-5.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 20 - Personal Rights and Obligations

Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind

Section 20-11A-1 - Power to contract denied person without understanding--Liabilities for necessaries.

Section 20-11A-2 - Contract made before adjudication of incapacity subject to rescission.

Section 20-11A-3 - Disability after adjudication of incapacity--Testamentary power on actual restoration to capacity.

Section 20-11A-4 - Liability for torts.

Section 20-11A-5 - Restriction on subjection to exemplary damages.