South Dakota Code — 53
Browse 141 sections in division 53 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 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.
- § 53-2-1. Persons capable of contracting.
- § 53-2-2. Minors and persons of unsound mind--Capacity to contract.
- § 53-2-3. Identification of parties necessary to validity.
- § 53-2-4. Joint and several contracts.
- § 53-2-5. Promise in singular number--Execution by several persons.
- § 53-2-6. Contract for benefit of third person--Enforcement by beneficiary, limitation of time.
- § 53-3-1. Essentials of consent.
- § 53-3-2. Absence of free consent--Contract voidable--Rescission.
- § 53-3-3. Mutuality of consent.
- § 53-3-4. Ratification of voidable contract for want of consent.
- § 53-3-5. Assumption of obligation by acceptance of benefits.
- § 53-4-1. Apparent consent voidable--Grounds.
- § 53-4-2. Consent deemed voidable--Grounds.
- § 53-4-3. Duress defined.
- § 53-4-4. Fraud, actual or constructive.
- § 53-4-5. Actual fraud, acts constituting, question of fact.
- § 53-4-6. Constructive fraud, acts constituting.
- § 53-4-7. Undue influence, acts constituting.
- § 53-4-8. Mistake, classification.
- § 53-4-9. Mistake of fact defined.
- § 53-4-10. Mistake of law defined.
- § 53-4-11. Mistake of foreign law--Mistake of fact.
- § 53-4-12. Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake.
- § 53-5-1. Object of contract defined.
- § 53-5-2. Requisites of object.
- § 53-5-3. Unlawfulness of object and impossibility of performance renders contract void.
- § 53-5-4. Several distinct objects--Some lawful and some unlawful--Validity of lawful parts.
- § 53-6-1. Good consideration, acts constituting.
- § 53-6-2. Legal or moral obligation as good consideration.
- § 53-6-3. Instrument as evidence of consideration.
- § 53-6-4. Burden of proof to invalidate sufficient consideration.
- § 53-6-5. Lawful consideration required.
- § 53-6-6. Illegality of consideration, effect.
- § 53-6-7. Executed or executory consideration, effect.
- § 53-6-8. Executory consideration--Determination of amount.
- § 53-6-9. Impossibility of ascertaining consideration, effect.
- § 53-6-10. Effect of impossibility of ascertaining consideration--Possible of execution on face.
- § 53-6-11. Measure of consideration, ascertainment.
- § 53-7-1. Revocation of proposal, limitation as to time.
- § 53-7-2. Revocation of proposal, acts constituting.
- § 53-7-3. Absolute and unqualified acceptance required--Qualified acceptance, new proposal.
- § 53-7-4. Communication of consent.
- § 53-7-5. Acceptance of proposal, communication.
- § 53-7-6. Acceptance of proposal--Consent fully communicated.
- § 53-7-7. Acceptance of proposal--Acts constituting.
- § 53-7-8. Contract in writing--Effective date.
- § 53-7-9. Written contracts--Application of law of transfer of property.
- § 53-8-1. Contracts which may be oral.
- § 53-8-2. Contracts required to be in writing--Statute of frauds.
- § 53-8-3. Contract not in writing through fraud--Enforcement against fraudulent party.
- § 53-8-4. Sales at public auction, memorandum of auctioneer, compliance with statute of frauds.
- § 53-8-5. Execution of contract in writing supersedes oral negotiations or stipulations.
- § 53-8-6. Oral contract--Alteration in writing by consent of parties.
- § 53-8-7. Alteration of written contract without new consideration.
- § 53-9-1. Contract provisions contrary to law, unlawful.
- § 53-9-2. Gambling contracts void.
- § 53-9-3. Contracts against public policy.
- § 53-9-4. Penalties for nonperformance of contract void, exceptions.
- § 53-9-5. Contracts fixing damages void, exception.
- § 53-9-6. Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.
- § 53-9-6.1. Validation of contract limiting time for enforcement of rights under surety contracts.
- § 53-9-7. Contract in restraint of marriage void.
- § 53-9-8. Contracts in restraint of trade void--Exceptions.
- § 53-9-9. Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity.
- § 53-9-10. Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity.
- § 53-9-10.1. Competition limitation--Business entity--Sale or transfer of ownership--Limits.
- § 53-9-11. Employment contract--Competition limitation upon termination.
- § 53-9-11.1. Employment contract--Competition limitation upon termination--Practitioner defined.
- § 53-9-11.2. Employment contract--Practitioners and community services providers--Competition limitation upon termination--Voidability--Applicability.
- § 53-9-12. Contracts of independent contractor who is captive insurance agent--Covenants not to compete.
- § 53-9-13. Coerce or compel an abortion--Contract void.
- § 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.
- § 53-12-2. Transactions governed by chapter.
- § 53-12-3. Transactions not governed by chapter.
- § 53-12-4. Transactions excluded under § 53-12-3 that may be governed by chapter.
- § 53-12-5. Transactions subject to chapter also subject to other applicable law.
- § 53-12-6. Application of chapter.
- § 53-12-7. Electronic record or signature not mandated.
- § 53-12-8. Application solely to transactions between parties agreeing to electronic transaction.
- § 53-12-9. Party agreeing to one electronic transaction may refuse others--Right not waivable.
- § 53-12-10. Provisions of chapter may be varied by agreement except as otherwise provided.
- § 53-12-11. Determination of legal consequences of electronic records or signatures.
- § 53-12-12. Construction of chapter.
- § 53-12-13. Electronic form of record or signature not grounds for denying its legal effect.
- § 53-12-14. Electronic record used in contract formation not grounds for denying contract.
- § 53-12-15. Electronic record satisfies requirement of a writing.
- § 53-12-16. Electronic signature satisfies requirement of a signature.
- § 53-12-17. Requirement of writing satisfied by sending of electronic record.
- § 53-12-18. Requirement that record be posted, transmitted or formatted in certain manner.
- § 53-12-19. Electronic record not enforceable against recipient in certain situations.
- § 53-12-20. Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.
- § 53-12-21. Attributing electronic signature or record to person.
- § 53-12-22. Effect of electronic record or signature to be determined from context.
- § 53-12-23. Effect of change or error in electronic record.
- § 53-12-24. Notarization of electronic signature.
- § 53-12-25. Satisfying requirement that record be retained.
- § 53-12-26. Requirement that record be retained does not apply to certain information.
- § 53-12-27. Services of another person for retention of records authorized.
- § 53-12-28. Retention of record in its original form.
- § 53-12-29. Retention of check.
- § 53-12-30. Retention of record for evidentiary, audit, or like purposes.
- § 53-12-31. Electronic form of record or signature not grounds for exclusion.
- § 53-12-32. Formation and terms of contract in automated transaction.
- § 53-12-33. Time that electronic record is sent.
- § 53-12-34. Time that electronic record is received.
- § 53-12-35. Location of information processing system irrelevant.
- § 53-12-36. Place that electronic record is sent from and received.
- § 53-12-37. Individual need not be aware of receipt.
- § 53-12-38. Effect of electronic acknowledgment.
- § 53-12-39. Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.
- § 53-12-40. "Transferable record" defined.
- § 53-12-41. Person having control of transferable record.
- § 53-12-42. Requirements for creation, storage, and assignment of transferable record--Authoritative copy.
- § 53-12-43. Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.
- § 53-12-44. Obligor under transferable record has same rights and defenses as obligor under equivalent records.
- § 53-12-45. Proof of control of transferable record.
- § 53-12-46. Government agencies to determine extent to which electronic records will be created and retained.
- § 53-12-47. Commissioner to promulgate rules for state agencies using electronic records and signatures.
- § 53-12-48. Board of Regents to determine extent to which electronic records and signatures will be used.
- § 53-12-49. Use of electronic records or signatures by government agencies not mandated.
- § 53-12-50. Commissioner authorized to promote consistency and interoperability.
- § 53-12-51. Social media service--User data request--Data format.
- § 53-12-52. Social media service--User data handling--Data interoperability requirement.
- § 53-12-53. Social media service--User data handling--Data interoperability implementation--Applicability.
- § 53-12-54. Social media service--User data handling--Privacy and security.
- § 53-12-55. Social media service--Exemption.
- § 53-12-56. Social media service--Imported data.