Title 59 — AGENCY
12 chapters · 170 sections in this title.
Capacity to create
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Any person with capacity to contract may create an agency and confer authority on any other person to do any act which he might do excepting acts to which he is bound to give personal attention. Source: CivC 1877, §§ 1338, 1343; CL 1887, §§ 3961, 3966; RCivC 1903, §§ 1657, 1662; …
SDCL § 59-2-2 Creation by precedent authorization or subsequent ratification--Consideration unnecessary
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The agency and authority described in § 59-2-1 may be created by precedent authorization or subsequent ratification, without consideration being necessary to make same binding upon the principal. Source: CivC 1877, §§ 1346, 1347; CL 1887, §§ 3969, 3970; RCivC 1903, §§ 1665, 1666;…
SDCL § 59-2-3 Form of authority
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An oral authorization is sufficient for any purpose, except that an authority to enter into a contract, other than a negotiable instrument, required by law to be in writing can only be given by an instrument in writing. Source: CivC 1877, § 1348; CL 1887, § 3971; RCivC 1903, § 16…
SDCL § 59-2-4 Ratification of agent's act
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Ratification can be made only in the manner that would have been necessary to confer authority originally, or, where oral authorization would suffice, by accepting or retaining the benefit of the act with notice thereof. It is not valid unless at the time of ratification the prin…
SDCL § 59-2-5 Ratification of part of a transaction
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Ratification of part of an indivisible transaction is a ratification of the whole. Source: CivC 1877, § 1350; CL 1887, § 3973; RCivC 1903, § 1669; RC 1919, § 1251; SDC 1939, § 3.0106.
SDCL § 59-2-6 Ratification not to work injury to third persons
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No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent. Source: CivC 1877, § 1352; CL 1887, § 3975; RCivC 1903, § 1671; RC 1919, § 1253; SDC 1939, § 3.0107.
SDCL § 59-2-7 Rescission of ratification
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A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the transaction ratified, but not otherwise. Source: CivC 1877, § 1353; CL 1887, § 3976; RCivC 1903, § 1672; RC 1919, § 1254; SDC 1…