South Dakota § 53-3-2 Absence of free consent--Contract voidable--Rescission.

South Dakota Statutes

§ 53-3-2 — Absence of free consent--Contract voidable--Rescission.

South Dakota·Title 53 CONTRACTS·Ch. 53-3 CONSENT TO CONTRACTS

Consent which is not free is not void but voidable and may be rescinded in the manner prescribed by the statutes on rescission.

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South Dakota § 53-3-2 (Absence of free consent--Contract voidable--Rescission.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

CivC 1877, § 877; CL 1887, § 3501; RCivC 1903, § 1195; RC 1919, § 810; SDC 1939, § 10.0302.

Nearby Sections

15

§ 53-1-1

Contract defined.

§ 53-1-2

Essential elements of contract.

§ 53-1-3

Contracts, express or implied--Express contract defined--Implied contract defined.

§ 53-1-4

Law and usage of place of performance, application to contracts.

§ 53-10-1

Executed contract distinguished from executory contract.

§ 53-10-2

Time of performance of contract not specified--Allowance of reasonable time--Instant action.

§ 53-10-3

Time as essence of the contract.

§ 53-11-1

Extinguishment of contracts--Methods.

§ 53-11-2

Rescission by party to contract--Grounds.

§ 53-11-3

Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission.

§ 53-11-4

Prompt action by party rescinding on discovery of duress, undue influence, or disability.

§ 53-11-5

Restoration of everything of value by party rescinding.

§ 53-11-6

Extinction by destruction or cancellation of contract or signatures by consent.

§ 53-11-7

Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice.

§ 53-12-1

Definition of terms.

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