21-2-1. General measure of damages for breach of contract--Uncertain damages not recovered.
For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and their origin.
Source: CivC 1877, §§1947, 1948; CL 1887, §4581; RCivC 1903, §2293; RC 1919, §1966; SDC 1939 & Supp 1960, §37.1801.
Structure South Dakota Codified Laws
Chapter 02 - Damages For Breach Of Contract
Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages not recovered.
Section 21-2-2 - Damages for breach of obligation to pay money.
Section 21-2-3 - Damages for breach of agreement to convey real property.
Section 21-2-4 - Damages for breach of agreement to purchase real property.
Section 21-2-5 - Damages for breach of covenant in grant of real property.
Section 21-2-6 - Damages for breach of covenant against encumbrances.
Section 21-2-7 - Damages for breach of warranty of agent's authority.
Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.
Section 21-2-9 - Damages for carrier's failure to deliver freight.
Section 21-2-10 - Damages for carrier's delay in delivery of freight.