Title 59 — AGENCY
12 chapters · 170 sections in this title.
SDCL § 59-6-1 Rights and liabilities accruing to principal
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All rights and liabilities which would accrue to an agent from transactions within the scope of his actual or ostensible authority if they had been entered into on his own account, accrue to the principal. Source: CivC 1877, § 1366; CL 1887, § 3989; RCivC 1903, § 1685; RC 1919, §…
SDCL § 59-6-10 Principal not responsible for unauthorized wrongs or omissions
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The principal is responsible for no other negligence, wrongs, or omissions of his agent than those described in § 59-6-9 unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service. Source: CivC 1877, § 1375; CL 1887, § 3998…
SDCL § 59-6-11 Durable Power of Attorney--Presumption--Liability--Exceptions
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A durable power of attorney for health care designated under the provisions of § 59-7-2.1 is presumed valid. Another person may rely on the presumption of validity unless the person has actual knowledge that the power was not validly executed or that the power was revoked. Except…
SDCL § 59-6-2 Agent exceeding authority--Liability of principal
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When an agent exceeds his authority, his principal is bound by his authorized acts so far only as they can be plainly separated from those which are unauthorized. Source: CivC 1877, § 1369; CL 1887, § 3992; RCivC 1903, § 1688; RC 1919, § 1270; SDC 1939, § 3.0302.
SDCL § 59-6-3 Principal bound by acts of agent under ostensible authority
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A principal is bound by acts of his agent under ostensible authority, to those persons only who have in good faith, and without negligence, incurred a liability or parted with value upon the faith thereof. Source: CivC 1877, § 1370; CL 1887, § 3993; RCivC 1903, § 1689; RC 1919, §…
SDCL § 59-6-4 Principal bound by agent's writings
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Any instrument within the scope of his authority, by which an agent intends to bind his principal, does bind him if such intent is plainly inferable from the instrument itself. Source: CivC 1877, § 1373; CL 1887, § 3996; RCivC 1903, § 1692; RC 1919, § 1274; SDC 1939, § 3.0304.
SDCL § 59-6-5 Notice to agent or principal
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As against a principal both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other. Source: CivC 1877, § 1368; CL 1887, § 3991; RCivC 1903, § 1687; RC 19…
SDCL § 59-6-6 Incomplete execution binding on principal
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A principal is bound by an incomplete execution of an authority, when it is consistent with the whole purpose and scope thereof, but not otherwise. Source: CivC 1877, § 1367; CL 1887, § 3990; RCivC 1903, § 1686; RC 1919, § 1268; SDC 1939, § 3.0306.
SDCL § 59-6-7 Exclusive credit given to agent--Exoneration of principal
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If exclusive credit is given to an agent by the person dealing with him, his principal is exonerated by payment or other satisfaction made by him to his agent, in good faith, before receiving notice of the creditor's election to hold him responsible. Source: CivC 1877, § 1371; CL…
SDCL § 59-6-8 Setoff by person dealing with agent without knowledge of agency
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One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction, may set off, against any claim of the principal arising out of the same, all claims which he might have set off against the agent before notice of the agency. S…
SDCL § 59-6-9 Responsibility of principal for agent's negligence or omission
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Unless required by or under authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as part of the transa…