21-9-11. Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.
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/sd/title-21/chapter-21-9/21-9-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.