South Dakota § 53-4-9 Mistake of fact defined.

South Dakota Statutes

§ 53-4-9 — Mistake of fact defined.

South Dakota § 53-4-9

Title 53CONTRACTS

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

This text of South Dakota § 53-4-9 (Mistake of fact 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 § 53-4-9 (2026).

Text

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.

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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.