SDCL § 21-9-11: Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.
Where this section sits in the code
- TITLE 21. JUDICIAL REMEDIES
- CHAPTER 21-9. ACTIONS FOR SPECIFIC PERFORMANCE
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.
Collected 2026-09-03T15:18:56Z. Source file · JSON