South Dakota Statutes

§ 53-4-3 — Duress defined.

South Dakota § 53-4-3
JurisdictionSouth Dakota
Title 53CONTRACTS
Ch. 53-4DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE

This text of South Dakota § 53-4-3 (Duress 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 § 53-4-3 (2026).

Text

Duress consists in:

(1)Actual or threatened unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; or (2) Actual or threatened confinement of any such person or persons lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive; or (3) Actual or threatened unlawful violent injury to the person or property of any such person or persons; or (4) Actual or threatened injury to the character of any such person or persons; or (5) Actual unlawful detention of the property of any such person.

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Related

Matter of Estate of Eberle
505 N.W.2d 767 (South Dakota Supreme Court, 1993)
23 case citations
Bayer v. Payne
411 N.W.2d 129 (South Dakota Supreme Court, 1987)
Dietz v. Fink
(D. South Dakota, 2024)

Legislative History

CivC 1877, §§ 880, 881; CL 1887, §§ 3504, 3505; RCivC 1903, §§ 1198, 1199; RC 1919, §§ 813, 814; SDC 1939, § 10.0305.

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Bluebook (online)
South Dakota § 53-4-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/53-4-3.