Want of performance, or of an offer of performance, or any delay therein, is excused when it is prevented or delayed by an irresistible superhuman cause, or by the act of public enemies of this state, or of the United States, unless the parties have expressly agreed to the contrary.
S.D. Codified Laws § 20-6-2
Uncontrollable cause excusing want or delay of performance
Applied in 1 court decision — leading case AFSCME—Local 1025 Sioux Falls School Maintenance & Custodial Workers v. Sioux Falls School District 49-5 (2000)
Most recently applied in AFSCME—Local 1025 Sioux Falls School Maintenance & Custodial Workers v. Sioux Falls School District 49-5 (February 2000)
Source: CivC 1877, § 855, subdiv 2; CL 1887, § 3479, subdiv 2; RCivC 1903, § 1173, subdiv 2; RC 1919, § 780 (2); SDC 1939, § 47.0229 (2).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.