21-1-5. Damages for breach of obligation not to exceed gain from full performance--Exceptions.
Notwithstanding the provisions of these statutes, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in statutes providing exemplary damages or penal damages, and in statutes relating to damages for breach of promise to marry, for seduction, or wrongful injuries to animals.
Source: CivC 1877, §1984; CL 1887, §4617; RCivC 1903, §2329; RC 1919, §2001; SDC 1939 & Supp 1960, §37.1706.
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.