53-9-5. Contracts fixing damages void, exception.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. Source: CivC 1877, §§956, 957; CL 1887, §§3580, 3581; RCivC 1903, §§1274, 1275; RC 1919, §§895, 896; SDC 1939, §10.0704. 53-9-5. Contracts fixing damages void, exception.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. Source: CivC 1877, §§956, 957; CL 1887, §§3580, 3581; RCivC 1903, §§1274, 1275; RC 1919, §§895, 896; SDC 1939, §10.0704.
South Dakota Legal Code