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12 chapters · 162 sections in this title.
SDCL § 59-2-1 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…
