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12 chapters · 141 sections in this title.
SDCL § 53-4-1 Apparent consent voidable--Grounds
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An apparent consent is not real or free and is voidable when obtained through: (1) Duress; (2) Fraud; (3) Undue influence; or (4) Mistake. Source: CivC 1877, § 878; CL 1887, § 3502; RCivC 1903, § 1196; RC 1919, § 811; SDC 1939, § 10.0303.
SDCL § 53-4-10 Mistake of law defined
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A mistake of law in relation to consent to contract constitutes a mistake resulting in voidable consent only when it arises from: (1) A misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to th…
SDCL § 53-4-11 Mistake of foreign law--Mistake of fact
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Mistake of foreign laws is a mistake of fact. Source: CivC 1877, § 890; CL 1887, § 3514; RCivC 1903, § 1208; RC 1919, § 823; SDC 1939, § 10.0314.
SDCL § 53-4-12 Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake
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A provision that errors of description shall not avoid a contract or shall be subject to compensation or both does not take away the right of rescission for fraud, nor for mistake, where such mistake is in a matter essential to the inducement of the contract and is not capable of…
