South Dakota § 53-11-2 Rescission by party to contract--Grounds.

South Dakota Statutes

§ 53-11-2 — Rescission by party to contract--Grounds.

South Dakota § 53-11-2

Title 53CONTRACTS

Ch. 53-11EXTINCTION AND ALTERATION OF CONTRACTS

This text of South Dakota § 53-11-2 (Rescission by party to contract--Grounds.) 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 § 53-11-2 (2026).

Text

A party to a contract may rescind the same in the following cases only:

(1)If consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party;

(2)If through fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part;

(3)If the consideration becomes entirely void from any cause;

(4)If such consideration before it is rendered to him fails in a material respect from any cause; or (5) By consent of all the other parties.

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A party to a contract may rescind the same in the following cases only: (1) If consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party; (2) If through fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part; (3) If the consideration becomes entirely void from any cause; (4) If such consideration before it is rendered to him fails in a material respect from any cause; or (5) By consent of all the other parties.