21-9-11. Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.
No specific relief can be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case; but a contract otherwise proper to be enforced specifically may be so enforced, though a penalty is imposed or the damages are liquidated for its breach, and the party in default is willing to pay the same.
Source: CivC 1877, §§1990, 1998; CL 1887, §§4623, 4631; RCivC 1903, §§2335, 2343; RC 1919, §§2006, 2014; SDC 1939 & Supp 1960, §37.4609.
Structure South Dakota Codified Laws
Chapter 09 - Actions For Specific Performance
Section 21-9-1 - Performance may be compelled except as provided.
Section 21-9-2 - Obligations and agreements not specifically enforceable.
Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.
Section 21-9-6 - Clear title required for specific performance of agreement to purchase property.
Section 21-9-8 - Performance or offer to perform in lieu of signature of written contract.
Section 21-9-9 - Adequacy of compensation for failure to transfer property.
Section 21-9-10 - Compelling delivery of personal property to person entitled to possession.