Title 53 — CONTRACTS
12 chapters · 133 sections in this title.
SDCL § 53-1-1 Contract defined
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A contract is an agreement to do or not to do a certain thing. Source: CivC 1877, § 870; CL 1887, § 3494; RCivC 1903, § 1188; RC 1919, § 803; SDC 1939, § 10.0101.
SDCL § 53-1-2 Essential elements of contract
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Elements essential to existence of a contract are: (1) Parties capable of contracting; (2) Their consent; (3) A lawful object; and (4) Sufficient cause or consideration. Source: CivC 1877, § 871; CL 1887, § 3495; RCivC 1903, § 1189; RC 1919, § 804; SDC 1939, § 10.0102.
SDCL § 53-1-3 Contracts, express or implied--Express contract defined--Implied contract defined
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A contract is either express or implied. An express contract is one, the terms of which are stated in words. An implied contract is one, the existence and terms of which are manifested by conduct. Source: CivC 1877, §§ 915 to 917; CL 1887, §§ 3539 to 3541; RCivC 1903, §§ 1233 to …
SDCL § 53-1-4 Law and usage of place of performance, application to contracts
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A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. Source: CivC 1877, § 937; CL 1887, § 3561; RCivC 1903, § 1255;…