South Dakota Statutes
§ 21-12-2 — Restoration to original condition required on rescission for mistake.
South Dakota § 21-12-2
This text of South Dakota § 21-12-2 (Restoration to original condition required on rescission for mistake.) 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 § 21-12-2 (2026).
Text
Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made.
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Related
Skoglund v. Staab
312 N.W.2d 29 (South Dakota Supreme Court, 1981)
Arcon Construction Co. v. State Ex Rel. Department of Transportation
314 N.W.2d 303 (South Dakota Supreme Court, 1982)
Legislative History
CivC 1877, § 2009; CL 1887, § 4642; RCivC 1903, § 2354; RC 1919, § 2025; SDC 1939 & Supp 1960, § 37.0702.
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Repealed§ 21-1-13
Repealed§ 21-1-13.2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 § 21-12-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-12-2.