Title 53 — CONTRACTS
12 chapters · 133 sections in this title.
SDCL § 53-7-1 Revocation of proposal, limitation as to time
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A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards. Source: CivC 1877, § 897; CL 1887, § 3521; RCivC 1903, § 1215; RC 1919, § 830; SDC 1939, § 10.0321.
SDCL § 53-7-2 Revocation of proposal, acts constituting
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A proposal is revoked: (1) By communication of notice of revocation by the proposer to the other party in the manner prescribed for communication of consent and acceptance, before his acceptance has been communicated to the former; (2) By the lapse of time prescribed in such prop…
SDCL § 53-7-3 Absolute and unqualified acceptance required--Qualified acceptance, new proposal
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An acceptance must be absolute and unqualified or must include in itself an acceptance of that character which the proposer can separate from the rest and which will conclude the person accepting. A qualified acceptance is a new proposal. Source: CivC 1877, § 896; CL 1887, § 3520…
SDCL § 53-7-4 Communication of consent
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Consent can be communicated with effect only by some act or omission of the party contracting, by which he intends to communicate it or which necessarily tends to such communication. Source: CivC 1877, § 892; CL 1887, § 3516; RCivC 1903, § 1210; RC 1919, § 825; SDC 1939, § 10.031…
SDCL § 53-7-5 Acceptance of proposal, communication
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If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other cases any reasonable and usual mode may be adopted. Source: CivC 1877, § 893; CL 1887, § 3517; RCivC 1903, § 1211; RC 1919,…
SDCL § 53-7-6 Acceptance of proposal--Consent fully communicated
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Consent is deemed to be fully communicated between the parties as soon as the party accepting the proposal has put his acceptance in the course of transmission to the proposer in conformity to §
SDCL § 53-7-7 Acceptance of proposal--Acts constituting
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Performance of the conditions of a proposal or the acceptance of the consideration offered with a proposal is an acceptance of the proposal. Source: CivC 1877, § 895; CL 1887, § 3519; RCivC 1903, § 1213; RC 1919, § 828; SDC 1939, § 10.0319.
SDCL § 53-7-8 Contract in writing--Effective date
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A contract in writing takes effect upon its intended delivery for effect to the party in whose favor it is made or to his agent. Source: CivC 1877, § 922; CL 1887, § 3546; RCivC 1903, § 1240; RC 1919, § 861; SDC 1939, § 10.0607.
SDCL § 53-7-9 Written contracts--Application of law of transfer of property
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The provisions of the general law on transfers concerning the delivery of grants, absolute and conditional, apply to all written contracts. Source: CivC 1877, § 923; CL 1887, § 3547; RCivC 1903, § 1241; RC 1919, § 862; SDC 1939, § 10.0608.