20-6-2. Uncontrollable cause excusing want or delay of performance.
Want of performance, or of an offer of performance, or any delay therein, is excused when it is prevented or delayed by an irresistible superhuman cause, or by the act of public enemies of this state, or of the United States, unless the parties have expressly agreed to the contrary.
Source: CivC 1877, §855, subdiv 2; CL 1887, §3479, subdiv 2; RCivC 1903, §1173, subdiv 2; RC 1919, §780 (2); SDC 1939, §47.0229 (2).
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 06 - Excuses For Want Of Performance
Section 20-6-1 - Want of performance or delay excused.
Section 20-6-2 - Uncontrollable cause excusing want or delay of performance.
Section 20-6-3 - Want or delay of performance excused by creditor's act inducing nonperformance.
Section 20-6-5 - Debtor entitled to benefits when performance prevented by creditor.
Section 20-6-7 - Refusal of performance before offer equivalent to offer and refusal.