South Dakota Codified Laws
Chapter 09 - Unlawful Contracts
Section 53-9-4 - Penalties for nonperformance of contract void, exceptions.

53-9-4. Penalties for nonperformance of contract void, exceptions.
Penalties imposed by contract for any nonperformance thereof are void. This section does not void obligations penal in form such as heretofore have been commonly used, but it voids their penal clauses.

Source: CivC 1877, §955; CL 1887, §3579; RCivC 1903, §1273; RC 1919, §894; SDC 1939, §10.0703.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 53 - Contracts

Chapter 09 - Unlawful Contracts

Section 53-9-1 - Contract provisions contrary to law, unlawful.

Section 53-9-2 - Gambling contracts void.

Section 53-9-3 - Contracts against public policy.

Section 53-9-4 - Penalties for nonperformance of contract void, exceptions.

Section 53-9-5 - Contracts fixing damages void, exception.

Section 53-9-6 - Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.

Section 53-9-6.1 - Validation of contract limiting time for enforcement of rights under surety contracts.

Section 53-9-7 - Contract in restraint of marriage void.

Section 53-9-8 - Contracts in restraint of trade void--Exceptions.

Section 53-9-9 - Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity.

Section 53-9-10 - Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity.

Section 53-9-11 - Employment contract--Limitation on competition.

Section 53-9-11.1 - Health care provider--Contract to restrict practice--Prohibition--Exception.

Section 53-9-12 - Contracts of independent contractor who is captive insurance agent--Covenants not to compete.

Section 53-9-13 - Coerce or compel an abortion--Contract void.