South Dakota § 53-4-10 Mistake of law defined.

South Dakota Statutes

§ 53-4-10 — Mistake of law defined.

South Dakota § 53-4-10

Title 53CONTRACTS

Ch. 53-4DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE

This text of South Dakota § 53-4-10 (Mistake of law defined.) 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 § 53-4-10 (2026).

Text

A mistake of law in relation to consent to contract constitutes a mistake resulting in voidable consent only when it arises from:

(1)A misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or (2) A misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify.

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A mistake of law in relation to consent to contract constitutes a mistake resulting in voidable consent only when it arises from: (1) A misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or (2) A misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify.