South Dakota Statutes

§ 53-4-7 — Undue influence, acts constituting.

South Dakota § 53-4-7
JurisdictionSouth Dakota
Title 53CONTRACTS
Ch. 53-4DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE

This text of South Dakota § 53-4-7 (Undue influence, acts constituting.) 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 § 53-4-7 (2026).

Text

Undue influence consists:

(1)In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; or (2) In taking an unfair advantage of another's weakness of mind; or (3) In taking a grossly oppressive and unfair advantage of another's necessities or distress.

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Related

Black v. Gardner
320 N.W.2d 153 (South Dakota Supreme Court, 1982)
51 case citations
Nizielski v. Tvinnereim
453 N.W.2d 831 (South Dakota Supreme Court, 1990)
25 case citations
In Re Estate of Smid
2008 SD 82 (South Dakota Supreme Court, 2008)
14 case citations
Moosmeier v. Johnson
412 N.W.2d 887 (South Dakota Supreme Court, 1987)
7 case citations
Johnson v. Markve
980 N.W.2d 662 (South Dakota Supreme Court, 2022)
6 case citations
Beals v. Autotrac, Inc.
2017 SD 80 (South Dakota Supreme Court, 2017)
Schaefer v. Sioux Spine & Sport, Prof. LLC
2018 SD 5 (South Dakota Supreme Court, 2018)

Legislative History

CivC 1877, § 886; CL 1887, § 3510; RCivC 1903, § 1204; RC 1919, § 819; SDC 1939, § 10.0310.

Nearby Sections

15
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Bluebook (online)
South Dakota § 53-4-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/53-4-7.