Title 56. Guaranty, Suretyship and Indemnity
Chapter 1. Guaranty
- SDCL 56-1-1 Guaranty Defined
- SDCL 56-1-2 Knowledge of Principal Unnecessary to Creation of Guaranty
- SDCL 56-1-3 Consideration-When Required
- SDCL 56-1-4 Requirements As to Writing-Signature of Guarantor-Expression of Consideration Unnecessary
- SDCL 56-1-5 Promise For Consideration to Answer For Obligation of Another-Writing Unnecessary
- SDCL 56-1-6 Obligation Which Renders the Party Making the Promise the Principal Debtor, and the Person In Whose Behalf It Is Made the Surety-Writing Unnecessary
- SDCL 56-1-7 Promise For Antecedent Obligation of Another-Writing Unnecessary
- SDCL 56-1-8 Undertaking By Factor to Sell Merchandise and Guarantee Sale-Writing Unnecessary
- SDCL 56-1-9 Holder of Instrument For the Payment of Money, Upon Which Third Person Liable, Transferring It In Payment of Precedent Debt Entering Into a Promise Respecting Such Instrument-Writing Unnecessary
- SDCL 56-1-10 Acceptance of Guaranty
- SDCL 56-1-11 Guaranty of Incomplete Contract
- SDCL 56-1-12 Guaranty that Obligation Is Good Or Collectible
- SDCL 56-1-13 Recovery Upon Guaranty that Obligation Is Good Or Collectible
- SDCL 56-1-14 Failure to Take Proceedings Upon Principal Debt Does Not Discharge Guaranty of Solvency
- SDCL 56-1-15 Construction of Guaranty-Unconditional In Absence of Terms Importing Condition Precedent
- SDCL 56-1-16 Liability of Guarantor-Time of Accrual-Default of Principal-Demand Or Notice Unnecessary
- SDCL 56-1-17 Liability of Guarantor of Conditional Obligation-Notice of Default
- SDCL 56-1-18 Obligations of Guarantor-Scope and Limitations
- SDCL 56-1-19 Liability of Guarantor-Contract of Principal Unlawful-Personal Disability of Principal
- SDCL 56-1-20 Continuing Guaranty Defined
- SDCL 56-1-21 Revocation of Continuing Guaranty-Exception
- SDCL 56-1-22 Exoneration of Guarantor-Alteration of Original Obligation of Principal-Impairment of Rights of Creditors
- SDCL 56-1-23 Void Promises Do Not Exonerate Guarantor
- SDCL 56-1-24 Liability of Guarantor Exonerated By Agreement Altering Original Obligation of Debtor Or Impairing Remedy of Creditor Not Restored By Rescission of Such Agreement
- SDCL 56-1-25 Obligation of Guarantor Reduced By Partial Satisfaction of Obligation
- SDCL 56-1-26 Delay of Creditors In Enforcement of Remedy-Guarantor Not Exonerated
- SDCL 56-1-27 Liability of Indemnified Guarantor
- SDCL 56-1-28 Discharge of Principal By Operation of Law-Guarantor Not Exonerated
Chapter 2. Suretyship
- SDCL 56-2-1 Suretyship Defined
- SDCL 56-2-2 Apparent Principal May Show that He Is a Surety
- SDCL 56-2-3 Joint Control of Deposits of Assets-Agreement Between Insured and Surety-Withdrawal Procedure
- SDCL 56-2-4 Rights of a Surety Same As Guarantor
- SDCL 56-2-5 Performance of Obligation When Due By Principal-Compelling By Surety
- SDCL 56-2-6 Neglect of Creditor to Proceed Against Principal At Request of Surety-Surety Exonerated to the Extent Which He Is Prejudiced
- SDCL 56-2-7 Property of Principal First Resorted to
- SDCL 56-2-8 Surety Exonerated In Like Manner With Guarantor
- SDCL 56-2-9 Surety Exonerated By Performance Or Offer of Performance
- SDCL 56-2-10 Surety Exonerated to Extent Prejudiced By Act of Creditor
- SDCL 56-2-11 Surety Exonerated to Extent Prejudiced By Omission of Creditor
- SDCL 56-2-12 Liability of Surety Limited By Express Terms of Contract-Penalty For Breach
- SDCL 56-2-13 Suretyship Relation Not Changed By Creditor's Judgment Against Surety
- SDCL 56-2-14 Satisfaction of Principal Obligation By Surety-Reimbursement, Exception As to Other Persons
- SDCL 56-2-15, 56-2-16 [Repealed]
- SDCL 56-2-17 Surety Subrogated to Rights of Creditor
Chapter 3. Indemnity
- SDCL 56-3-1 Indemnity Defined
- SDCL 56-3-2 Indemnity For a Future Wrongful Act Void
- SDCL 56-3-3 Indemnity For Past Wrongful Act Valid
- SDCL 56-3-4 Indemnity Extends to Acts of Agents
- SDCL 56-3-5 Agreement to Indemnify Several Persons Applies to Each
- SDCL 56-3-6 Persons Indemnifying Liable Jointly Or Severally With Person Indemnified
- SDCL 56-3-7 Interpretation of Contract of Indemnity-Application of Rules
- SDCL 56-3-8 Indemnity Against Liability-Recovery By Person Indemnified
- SDCL 56-3-9 Indemnity Against Claims, Demands Or Damages-Recovery By Person Indemnified, Payment Required
- SDCL 56-3-10 Indemnity Against Claims, Demands Or Liability-Matters Embraced In Contract
- SDCL 56-3-11 Defense By Indemnitor of Actions Against Indemnified-Right of Person Indemnified to Conduct Defense
- SDCL 56-3-12 Neglect of Person Indemnifying to Defend the Person Indemnified-Recovery Against Person Indemnified Conclusive
- SDCL 56-3-13 Notice of Action Or Proceedings Against Indemnified Not Received By Indemnitor-Indemnitor Not Allowed to Control Defense-Judgment Against Indemnitor Presumptive Evidence
- SDCL 56-3-14 Application of Stipulation As to Conclusiveness of Judgment Against Person Indemnified Upon Indemnitor
- SDCL 56-3-15 Reimbursement of Indemnitor
- SDCL 56-3-16 Indemnification of Architect Or Engineer For Own Errors Prohibited In Construction Contract
- SDCL 56-3-17 Conflicting Provision In Construction Contract Unlawful and Unenforceable
- SDCL 56-3-18 Indemnity Agreement Void As to Liability For Negligence In Construction, Repair Or Maintenance of Structure Or Equipment