Title 53 — CONTRACTS
12 chapters · 133 sections in this title.
SDCL § 53-6-1 Good consideration, acts constituting
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Any benefit conferred or agreed to be conferred upon the promiser by any other person to which the promiser is not lawfully entitled, or any prejudice suffered or agreed to be suffered by such person, other than such as he is at the time of consent lawfully bound to suffer as an …
SDCL § 53-6-10 Effect of impossibility of ascertaining consideration--Possible of execution on face
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Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void. Source: CivC 1877, § 914; CL 1887, § 3538; RCivC 1903, § 1232; …
SDCL § 53-6-11 Measure of consideration, ascertainment
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Where a contract does not determine the amount of the consideration nor the method by which it is to be ascertained or when it leaves the amount thereof to the discretion of an interested party, the consideration must be so much money as the object of the contract is reasonably w…
SDCL § 53-6-2 Legal or moral obligation as good consideration
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An existing legal obligation resting upon the promiser or a moral obligation originating in some benefit conferred upon the promiser or prejudice suffered by the promisee is also a good consideration for a promise to an extent corresponding with the extent of the obligation, but …
SDCL § 53-6-3 Instrument as evidence of consideration
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A written instrument is presumptive evidence of a consideration. Source: CivC 1877, § 914; CL 1887, § 3538; RCivC 1903, § 1232; RC 1919, § 848; SDC 1939, § 10.0509.
SDCL § 53-6-4 Burden of proof to invalidate sufficient consideration
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The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it. Source: CivC 1877, § 914; CL 1887, § 3538; RCivC 1903, § 1232; RC 1919, § 849; SDC 1939, § 10.0510.
SDCL § 53-6-5 Lawful consideration required
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The consideration of a contract must be lawful within the meaning of the section defining unlawful contracts. Source: CivC 1877, § 908; CL 1887, § 3532; RCivC 1903, § 1226; RC 1919, § 841; SDC 1939, § 10.0503.
SDCL § 53-6-6 Illegality of consideration, effect
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If any part of a single consideration for one or more objects or of several considerations for a single object is unlawful, the entire contract is void. Source: CivC 1877, § 909; CL 1887, § 3533; RCivC 1903, § 1227; RC 1919, § 842; SDC 1939, § 10.0504.
SDCL § 53-6-7 Executed or executory consideration, effect
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A consideration may be executed or executory in whole or in part. In so far as it is executory, it is subject to the provisions of the statutes relating to object of contract. Source: CivC 1877, § 910; CL 1887, § 3534; RCivC 1903, § 1228; RC 1919, § 843; SDC 1939, § 10.0507.
SDCL § 53-6-8 Executory consideration--Determination of amount
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When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person or regulated by any specific standard. Source: CivC 1877, § 911; CL 1887, § 3535; RCivC 1903, §…
SDCL § 53-6-9 Impossibility of ascertaining consideration, effect
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Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void. Source: CivC 1877, § 913; CL 1887, § 3537; RCivC 1903, § 1231; RC 1919, § 846; SDC 1939, § 10.0505.