21-1-3. Damages to be reasonable.
Damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.
Source: CivC 1877, §1985; CL 1887, §4618; RCivC 1903, §2330; RC 1919, §2002; SDC 1939 & Supp 1960, §37.1704.
Structure South Dakota Codified Laws
Chapter 01 - Actions For Damages Generally
Section 21-1-1 - Right to damages for detriment from unlawful act or omission of another.
Section 21-1-2 - Nominal damages for breach of duty without detriment.
Section 21-1-3 - Damages to be reasonable.
Section 21-1-4 - Exemplary or penal damages only as provided--Interest on damages.
Section 21-1-4.1 - Discovery and trial of exemplary damage claims.
Section 21-1-6 - Market value considered in estimating damage to property.
Section 21-1-9 - Value of instrument presumed equal to value of property represented.
Section 21-1-10 - Damages awarded for detriment after commencement of action.
Section 21-1-12 - Acceptance of principal as waiver of interest.
Section 21-1-13.1 - Interest on damages--Prejudgment interest--Retroactive application.
Section 21-1-13.2 - Application of interest statutes.