South Dakota Statutes

§ 53-4-9 — Mistake of fact defined.

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

Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:

(1)An unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) Belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed.

Free access — add to your briefcase to read the full text and ask questions with AI

South Dakota § 53-4-9 (Mistake of fact defined.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

LPN Trust v. Farrar Outdoor Advertising, Inc.
1996 SD 97 (South Dakota Supreme Court, 1996)
36 case citations
Knudsen v. Jensen
521 N.W.2d 415 (South Dakota Supreme Court, 1994)
26 case citations
Maasjo v. McLaughlin School District 15-2
489 N.W.2d 618 (South Dakota Supreme Court, 1992)
18 case citations
In Re Estate of Smid
2008 SD 82 (South Dakota Supreme Court, 2008)
14 case citations
McDonald v. Miners & Merchants Bank, Inc.
310 N.W.2d 591 (South Dakota Supreme Court, 1981)
14 case citations
Vermilyea v. BDL Enterprises, Inc.
462 N.W.2d 885 (South Dakota Supreme Court, 1990)
14 case citations
HARDING COUNTY, SD v. Frithiof
575 F.3d 767 (Eighth Circuit, 2009)
9 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
Schaefer v. Sioux Spine & Sport, Prof. LLC
2018 SD 5 (South Dakota Supreme Court, 2018)
Daniel R. Berube v. Nancy R. Cox
(Eighth Circuit, 1997)

Legislative History

CivC 1877, § 888; CL 1887, § 3512; RCivC 1903, § 1206; RC 1919, § 821; SDC 1939, § 10.0312.

Nearby Sections

15
View on official source ↗