Nygaard v. Sioux Valley Hospitals & Health System

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing “if the contract price is fixed and determinable from sources outside the written agreement, the price term is not open in the sense that it allows for some imputed, commercially reasonable price term”
• interpreting as definite a price term requiring patient to pay “unspecified and undiscounted charges for medical care” which were “pre-set by [the hospital] in its sole discretion”
• interpreting as definite a price term requiring patient to pay \unspecified and undiscounted charges for medical care\ which were \pre-set by [the hospital] in its sole discretion\
• \South Dakota does not recognize an independent tort for breach of the implied covenant of good faith and fair dealing.\
• “South Dakota does not recognize an independent tort for breach of the implied covenant of good faith and fair dealing.”
• requiring both substantive and procedural unconscionability when reviewing a contract

Source: CourtListener parenthetical corpus (CC0).