SDCL § 53-9-5: Contracts fixing damages void, exception.
Where this section sits in the code
- TITLE 53. CONTRACTS
- CHAPTER 53-9. UNLAWFUL CONTRACTS
Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.
Collected 2026-09-03T15:18:57Z. Source file · JSON