South Dakota § 53-4-6 - Constructive fraud, acts constituting.

Full text of South Dakota South Dakota Codified Laws § 53-4-6 — Constructive fraud, acts constituting., with citation guidance and answers to common questions.

§ 53-4-6. Constructive fraud, acts constituting.

Constructive fraud consists:

(1)    In any breach of duty which, without any actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him; or

(2)    In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

Source: CivC 1877, § 884; CL 1887, § 3508; RCivC 1903, § 1202; RC 1919, § 817; SDC 1939, § 10.0308.

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Frequently Asked Questions About South Dakota § 53-4-6

What does South Dakota Codified Laws § 53-4-6 cover?

Section 53-4-6 ("Constructive fraud, acts constituting.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 53-4-6?

A common citation format is "South Dakota Codified Laws § 53-4-6" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 53-4-6 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.