South Dakota § 53-4-9 - Mistake of fact defined.
Full text of South Dakota South Dakota Codified Laws § 53-4-9 — Mistake of fact defined., with citation guidance and answers to common questions.
§ 53-4-9. Mistake of fact defined.
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.
Source: CivC 1877, § 888; CL 1887, § 3512; RCivC 1903, § 1206; RC 1919, § 821; SDC 1939, § 10.0312.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 53-4-9
What does South Dakota Codified Laws § 53-4-9 cover?
Section 53-4-9 ("Mistake of fact defined.") 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 § 53-4-9?
A common citation format is "South Dakota Codified Laws § 53-4-9" (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 § 53-4-9 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.