Home/South Dakota/Statutes/Title 53: CONTRACTS/Ch. 53-4: DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE/§ 53-4-2
South Dakota Statutes

§ 53-4-2 — Consent deemed voidable--Grounds.

South Dakota § 53-4-2
JurisdictionSouth Dakota
Title 53CONTRACTS
Ch. 53-4DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE

This text of South Dakota § 53-4-2 (Consent deemed voidable--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 § 53-4-2 (2026).

Text

Consent is deemed to have been obtained through duress, fraud, undue influence, or mistake, only when it would not have been given except for one or more of them.

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Related

Drier v. Great American Insurance Co.
409 N.W.2d 357 (South Dakota Supreme Court, 1987)
16 case citations
Vermilyea v. BDL Enterprises, Inc.
462 N.W.2d 885 (South Dakota Supreme Court, 1990)
14 case citations
Home Building & Loan Ass'n v. Perpetual Savings & Loan Ass'n of Rapid City, South Dakota
338 N.W.2d 456 (South Dakota Supreme Court, 1983)
5 case citations
Dietz v. Fink
(D. South Dakota, 2024)

Legislative History

CivC 1877, § 879; CL 1887, § 3503; RCivC 1903, § 1197; RC 1919, § 812; SDC 1939, § 10.0304.

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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Bluebook (online)
South Dakota § 53-4-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/53-4-2.