South Dakota Statutes
§ 21-12-1 — Grounds for rescission.
South Dakota § 21-12-1
This text of South Dakota § 21-12-1 (Grounds for rescission.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 21-12-1 (2026).
Text
The rescission of a written contract may be adjudged on the application of a party aggrieved:
(1)In any of the cases mentioned in § 53-11-2 ;
(2)Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault;
(3)When the public interest will be prejudiced by permitting it to stand.
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Related
Schmidt v. Wildcat Cave, Inc.
261 N.W.2d 114 (South Dakota Supreme Court, 1977)
Mattson v. Rachetto
1999 SD 51 (South Dakota Supreme Court, 1999)
Kane v. Schnitzler
376 N.W.2d 337 (South Dakota Supreme Court, 1985)
Staab v. Skoglund
234 N.W.2d 45 (South Dakota Supreme Court, 1975)
Brown v. Cahanson
2007 SD 134 (South Dakota Supreme Court, 2007)
Northwest Realty Co. v. Carter
338 N.W.2d 669 (South Dakota Supreme Court, 1983)
Arcon Construction Co. v. State Ex Rel. Department of Transportation
314 N.W.2d 303 (South Dakota Supreme Court, 1982)
South Dakota Board of Regents ex rel. Black Hills State University v. Global Synthetics Environmental, LLC
270 F. Supp. 3d 1088 (D. South Dakota, 2017)
Truhe v. Turnac Group, L.L.C.
1999 SD 118 (South Dakota Supreme Court, 1999)
Cal SD, LLC v. Interwest Leasing, LLC
2024 S.D. 76 (South Dakota Supreme Court, 2024)
Satschel, Inc. v. Gregory Wilson
(D. South Dakota, 2025)
Legislative History
CivC 1877, § 2008; CL 1887, § 4641; RCivC 1903, § 2353; RC 1919, § 2024; SDC 1939 & Supp 1960, § 37.0701.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-12-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-12-1.