S.D. Codified Laws § 53-12-50 — SD Code / Title 53 / Chapter 12 / Section 53-12-50
Commissioner authorized to promote consistency and interoperability
Status: in_force

The commissioner of the Bureau of Information and Technology may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.

Source: SL 2000, ch 225, § 50; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 53-11-3 — SD Code / Title 53 / Chapter 11 / Section 53-11-3
Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission
Status: in_force

Rescission, when not effected by consent can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with §§ 53-11-4 and 53-11-5 .

Source: CivC 1877, § 967; CL 1887, § 3591; RCivC 1903, § 1285; RC 1919, § 906; SDC 1939, § 10.0804.
S.D. Codified Laws § 53-4-10 — SD Code / Title 53 / Chapter 4 / Section 53-4-10
Mistake of law defined
Status: in_force

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 the law; or

(2) A misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify.

Source: CivC 1877, § 889; CL 1887, § 3513; RCivC 1903, § 1207; RC 1919, § 822; SDC 1939, § 10.0313.
S.D. Codified Laws § 53-12-25 — SD Code / Title 53 / Chapter 12 / Section 53-12-25
Satisfying requirement that record be retained
Status: in_force

If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:

(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

(2) Remains accessible for later reference.

Source: SL 2000, ch 225, § 25.
S.D. Codified Laws § 53-8-3 — SD Code / Title 53 / Chapter 8 / Section 53-8-3
Contract not in writing through fraud--Enforcement against fraudulent party
Status: in_force

Where a contract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief to his prejudice may enforce it against the fraudulent party.

Source: CivC 1877, § 919; CL 1887, § 3543; RCivC 1903, § 1237; RC 1919, § 854; SDC 1939, § 10.0603.
S.D. Codified Laws § 53-4-11 — SD Code / Title 53 / Chapter 4 / Section 53-4-11
Mistake of foreign law--Mistake of fact
Status: in_force

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.
S.D. Codified Laws § 53-12-55 — SD Code / Title 53 / Chapter 12 / Section 53-12-55
Social media service--Exemption
Status: in_force

Sections 53-12-51 to 53-12-54 , inclusive, do not apply to an entity that is owned, controlled, operated, or maintained by a religious organization and is exempt from property taxation under state law.

Source: SL 2026, ch 197, § 7, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-7-7 — SD Code / Title 53 / Chapter 7 / Section 53-7-7
Acceptance of proposal--Acts constituting
Status: in_force

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.
S.D. Codified Laws § 53-12-45 — SD Code / Title 53 / Chapter 12 / Section 53-12-45
Proof of control of transferable record
Status: in_force

If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

Source: SL 2000, ch 225, § 45.
S.D. Codified Laws § 53-11-7 — SD Code / Title 53 / Chapter 11 / Section 53-11-7
Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice
Status: in_force

The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor against parties who do not consent to the act. Where a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of this section.

Source: CivC 1877, §§ 971, 972; CL 1887, §§ 3595, 3596; RCivC 1903, §§ 1289, 1290; RC 1919, §§ 910, 911; SDC 1939, § 10.0808.
S.D. Codified Laws § 53-12-33 — SD Code / Title 53 / Chapter 12 / Section 53-12-33
Time that electronic record is sent
Status: in_force

Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) Is in a form capable of being processed by that system; and

(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

Source: SL 2000, ch 225, § 33.
S.D. Codified Laws § 53-4-6 — SD Code / Title 53 / Chapter 4 / Section 53-4-6
Constructive fraud, acts constituting
Status: in_force

Constructive fraud consists:

(1) In any breach of duty which, without any actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him; or

(2) In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

Source: CivC 1877, § 884; CL 1887, § 3508; RCivC 1903, § 1202; RC 1919, § 817; SDC 1939, § 10.0308.
S.D. Codified Laws § 53-8-2 — SD Code / Title 53 / Chapter 8 / Section 53-8-2
Contracts required to be in writing--Statute of frauds
Status: in_force

The following contracts are not enforceable by action unless the contract or some memorandum thereof is in writing and subscribed by the party to be charged or his agent, as authorized in writing:

(1) An agreement that by its terms is not to be performed within a year from the making thereof;

(2) An agreement made upon consideration of marriage, other than a mutual promise to marry;

(3) An agreement for sale of real estate or an interest therein, or lease of the same, for a period longer than one year. However, this does not abridge the power of any court to compel specific performance of any agreement for sale of real estate in case of part performance thereof; and

(4) An agreement for a loan of money or for an extension of credit, which agreement may be enforced by a beneficiary for whom the agreement was made, including, but not limited to, vendors of agricultural goods, services or products. A loan or an extension of credit made pursuant to § 51A-12-12 or chapter 54-11 is specifically exempt from the provisions of this section.

Source: CivC 1877, §§ 920, 993; CL 1887, §§ 3544, 3617; RCivC 1903, §§ 1238, 1311; RC 1919, §§ 855, 856; SDC 1939, § 10.0605; SL 1985, ch 381.
S.D. Codified Laws § 53-12-34 — SD Code / Title 53 / Chapter 12 / Section 53-12-34
Time that electronic record is received
Status: in_force

Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) It is in a form capable of being processed by that system.

Source: SL 2000, ch 225, § 34.
S.D. Codified Laws § 53-12-7 — SD Code / Title 53 / Chapter 12 / Section 53-12-7
Electronic record or signature not mandated
Status: in_force

This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

Source: SL 2000, ch 225, § 7.
S.D. Codified Laws § 53-12-47 — SD Code / Title 53 / Chapter 12 / Section 53-12-47
Commissioner to promulgate rules for state agencies using electronic records and signatures
Status: in_force

To the extent that a governmental agency uses electronic records and electronic signatures under this chapter, the commissioner of the Bureau of Information and Technology shall promulgate rules pursuant to chapter 1-26 to specify for state agencies:

(1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

Source: SL 2000, ch 225, § 47; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 53-12-28 — SD Code / Title 53 / Chapter 12 / Section 53-12-28
Retention of record in its original form
Status: in_force

If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with § 53-12-25 .

Source: SL 2000, ch 225, § 28.
S.D. Codified Laws § 53-9-8 — SD Code / Title 53 / Chapter 9 / Section 53-9-8
Contracts in restraint of trade void--Exceptions
Status: in_force

Any contract restraining exercise of a lawful profession, trade, or business is void to that extent, except as provided by §§ 53-9-9 to 53-9-12 , inclusive.

Source: CivC 1877, § 959; CL 1887, § 3583; RCivC 1903, § 1277; RC 1919, § 898; SDC 1939, § 10.0706; SL 2005, ch 254, § 1.
S.D. Codified Laws § 53-7-1 — SD Code / Title 53 / Chapter 7 / Section 53-7-1
Revocation of proposal, limitation as to time
Status: in_force

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.
S.D. Codified Laws § 53-12-12 — SD Code / Title 53 / Chapter 12 / Section 53-12-12
Construction of chapter
Status: in_force

This chapter shall be construed and applied:

(1) To facilitate electronic transactions consistent with other applicable law;

(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Source: SL 2000, ch 225, § 12.
S.D. Codified Laws § 53-10-3 — SD Code / Title 53 / Chapter 10 / Section 53-10-3
Time as essence of the contract
Status: in_force

Time is never considered as of the essence of the contract, unless by its terms expressly so provided.

Source: CivC 1877, § 949; CL 1887, § 3573; RCivC 1903, § 1267; RC 1919, § 888; SDC 1939, § 10.0107.
S.D. Codified Laws § 53-6-2 — SD Code / Title 53 / Chapter 6 / Section 53-6-2
Legal or moral obligation as good consideration
Status: in_force

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 no further or otherwise.

Source: CivC 1877, § 907; CL 1887, § 3531; RCivC 1903, § 1225; RC 1919, § 840; SDC 1939, § 10.0502.
S.D. Codified Laws § 53-12-30 — SD Code / Title 53 / Chapter 12 / Section 53-12-30
Retention of record for evidentiary, audit, or like purposes
Status: in_force

A record retained as an electronic record in accordance with § 53-12-25 satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2000, specifically prohibits the use of an electronic record for the specified purpose. This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.

Source: SL 2000, ch 225, § 30.
S.D. Codified Laws § 53-12-54 — SD Code / Title 53 / Chapter 12 / Section 53-12-54
Social media service--User data handling--Privacy and security
Status: in_force

A social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall secure all personal data obtained through an interoperability interface and safeguard the privacy and security of a user's personal data obtained from other social media services through the interoperability interface, in accordance with the social media company's privacy notice and administrative, technical, and physical data security practices.

Source: SL 2026, ch 197, § 6, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-12-4 — SD Code / Title 53 / Chapter 12 / Section 53-12-4
Transactions excluded under §53-12-3that may be governed by chapter
Status: in_force

This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under § 53-12-3 to the extent it is governed by a law other than those specified in § 53-12-3 .

Source: SL 2000, ch 225, § 4.
S.D. Codified Laws § 53-12-23 — SD Code / Title 53 / Chapter 12 / Section 53-12-23
Effect of change or error in electronic record
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(a) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(b) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(c) Has not used or received any benefit or value from the consideration, if any, received from the other person;

(3) If neither subdivision (1) nor (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;

(4) Subdivisions (2) and (3) of this section may not be varied by agreement.

Source: SL 2000, ch 225, § 23.
S.D. Codified Laws § 53-12-26 — SD Code / Title 53 / Chapter 12 / Section 53-12-26
Requirement that record be retained does not apply to certain information
Status: in_force

A requirement to retain a record in accordance with § 53-12-25 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

Source: SL 2000, ch 225, § 26.
S.D. Codified Laws § 53-12-3 — SD Code / Title 53 / Chapter 12 / Section 53-12-3
Transactions not governed by chapter
Status: in_force

This chapter does not apply to a transaction to the extent it is governed by:

(1) The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts;

(2) The Uniform Commercial Code other than §§ 57A-1-107 and 57A-1-206 , and chapters 57A-2 , 57A-2A , and 57A-9 ; and

(3) Transactions under chapter 15-6 or other transactions involving the Unified Judicial System.

Source: SL 2000, ch 225, § 3.
S.D. Codified Laws § 53-4-7 — SD Code / Title 53 / Chapter 4 / Section 53-4-7
Undue influence, acts constituting
Status: in_force

Undue influence consists:

(1) In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; or

(2) In taking an unfair advantage of another's weakness of mind; or

(3) In taking a grossly oppressive and unfair advantage of another's necessities or distress.

Source: CivC 1877, § 886; CL 1887, § 3510; RCivC 1903, § 1204; RC 1919, § 819; SDC 1939, § 10.0310.
S.D. Codified Laws § 53-12-53 — SD Code / Title 53 / Chapter 12 / Section 53-12-53
Social media service--User data handling--Data interoperability implementation--Applicability
Status: in_force

To achieve interoperability under § 53-12-52 , a social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall provide users with the ability to export their social graph to social media services in the following manner:

(1) The social media service shall allow a user the ability to choose whether to export all of a user's social graph data or export only a subset of that data, and a user may select a subset of the data by selecting:

(a) Certain types of data;

(b) Certain dates of data; or

(c) Data generated since a previous transfer;

(2) A social media service shall make the export available in a machine readable format;

(3) A social media service shall make the export using a publicly available technical standard that is free from:

(a) Licensing fees; and

(b) Patent restrictions that any social media service can freely use;

(4) The social media service shall allow a user to choose between a single export or continuous, ongoing exports, which must occur at least every twenty-four hours;

(5) The social media service shall ensure that the exports are done in a manner consistent with industry best practices for privacy and security; and

(6) The social media service providing the export may impose reasonable terms on the transfer, including terms to ensure privacy and security, provided that the terms do not discriminate between social media services and do not unfairly preference the social media service's own service over others.

Nothing in this section restricts a social media platform's ability to detect, prevent, protect against, or respond to a security incident, risk to safety or integrity, harassment, malicious or fraudulent activity, or any illegal activity. Nothing in this section restricts a social media platform's ability to comply with any legal obligations.

Source: SL 2026, ch 197, § 5, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-3-3 — SD Code / Title 53 / Chapter 3 / Section 53-3-3
Mutuality of consent
Status: in_force

Consent is not mutual unless the parties all agree upon the same thing in the same sense. In certain cases prescribed in the law on interpretation of contracts they are to be deemed so to agree without regard to the fact.

Source: CivC 1877, § 891; CL 1887, § 3515; RCivC 1903, § 1209; RC 1919, § 824; SDC 1939, § 10.0315.
S.D. Codified Laws § 53-6-9 — SD Code / Title 53 / Chapter 6 / Section 53-6-9
Impossibility of ascertaining consideration, effect
Status: in_force

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.
S.D. Codified Laws § 53-4-1 — SD Code / Title 53 / Chapter 4 / Section 53-4-1
Apparent consent voidable--Grounds
Status: in_force

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.
S.D. Codified Laws § 53-7-5 — SD Code / Title 53 / Chapter 7 / Section 53-7-5
Acceptance of proposal, communication
Status: in_force

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, § 826; SDC 1939, § 10.0317.
S.D. Codified Laws § 53-12-6 — SD Code / Title 53 / Chapter 12 / Section 53-12-6
Application of chapter
Status: in_force

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2000.

Source: SL 2000, ch 225, § 6.
S.D. Codified Laws § 53-7-8 — SD Code / Title 53 / Chapter 7 / Section 53-7-8
Contract in writing--Effective date
Status: in_force

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.
S.D. Codified Laws § 53-12-52 — SD Code / Title 53 / Chapter 12 / Section 53-12-52
Social media service--User data handling--Data interoperability requirement
Status: in_force

A social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall implement a transparent, third-party-accessible interoperability interface subject to § 53-12-51 to allow the social media service's users to choose to:

(1) Expose a common set of the user's personal data to other social media services; and

(2) Enable third parties to access content created by the user and to be notified when new or updated content is available, with the user's permission.

Source: SL 2026, ch 197, § 4, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-9-7 — SD Code / Title 53 / Chapter 9 / Section 53-9-7
Contract in restraint of marriage void
Status: in_force

Every contract in restraint of marriage of any person other than a minor is void.

Source: CivC 1877, § 962; CL 1887, § 3586; RCivC 1903, § 1280; RC 1919, § 901; SDC 1939, § 10.0707.
S.D. Codified Laws § 53-12-36 — SD Code / Title 53 / Chapter 12 / Section 53-12-36
Place that electronic record is sent from and received
Status: in_force

Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this section, the following rules apply:

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;

(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

Source: SL 2000, ch 225, § 36.
S.D. Codified Laws § 53-12-5 — SD Code / Title 53 / Chapter 12 / Section 53-12-5
Transactions subject to chapter also subject to other applicable law
Status: in_force

A transaction subject to this chapter is also subject to other applicable substantive law.

Source: SL 2000, ch 225, § 5.
S.D. Codified Laws § 53-8-7 — SD Code / Title 53 / Chapter 8 / Section 53-8-7
Alteration of written contract without new consideration
Status: in_force

A contract in writing may be altered by a contract in writing without a new consideration or by an executed oral agreement, and not otherwise.

Source: CivC 1877, § 969; CL 1887, § 3593; RCivC 1903, § 1287; RC 1919, § 908; SDC 1939, § 10.0806.
S.D. Codified Laws § 53-9-11.2 — SD Code / Title 53 / Chapter 9 / Section 53-9-11.2
Employment contract--Practitioners and community services providers--Competition limitation upon termination--Voidability--Applicability
Status: in_force

Notwithstanding § 53-9-11 , a provision of a contract, entered into on or after July 1, 2023, is voidable if it restricts a practitioner, as defined in § 53-9-11.1 , from practicing or otherwise providing professional services in accordance with the applicable scope of practice, after the conclusion of the practitioner's employment or after the dissolution of a partnership or other form of professional relationship.

Notwithstanding § 53-9-11 , a provision of a contract, entered into on or after July 1, 2026, is voidable if it restricts a community services provider, as defined in § 27B-1-17 , from employment in or otherwise providing services to individuals with developmental disabilities, after the conclusion of the provider's employment or after the dissolution of a partnership or other form of contractual relationship.

This section does not apply to any contractual provision that:

(1) Is effective upon the sale of a practice or interest in a practice; or

(2) Restricts a practitioner or community services provider from soliciting current patients or clients of the former employer, partnership, or other professional relationship, provided the solicitation complies with the geographic and temporal limitations as referenced in § 53-9-11 .

The term, soliciting, as used in this section, means a targeted affirmative act, directed toward any patient or client of the practitioner's or community services provider's former employer, partnership, or other professional relationship, for the purpose of convincing the patient or client to transfer the patient or client's care or business to the practitioner or community services provider, or to the practitioner's or community services provider's new employer, partner, or professional relationship.

Source: SL 2023, ch 160, § 3; SL 2026, ch 196, § 1.
S.D. Codified Laws § 53-12-17 — SD Code / Title 53 / Chapter 12 / Section 53-12-17
Requirement of writing satisfied by sending of electronic record
Status: in_force

If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

Source: SL 2000, ch 225, § 17.
S.D. Codified Laws § 53-6-7 — SD Code / Title 53 / Chapter 6 / Section 53-6-7
Executed or executory consideration, effect
Status: in_force

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.
S.D. Codified Laws § 53-12-1 — SD Code / Title 53 / Chapter 12 / Section 53-12-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Agreement," the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction;

(2) "Automated transaction," a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction;

(3) "Blockchain technology," technology that uses a distributed, shared, and replicated ledger, either public or private, with or without permission, or driven with or without tokenized crypto economics where the data on the ledger is protected with cryptography and is immutable and auditable;

(4) "Computer program," a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result;

(5) "Contract," the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law;

(6) "Electronic," any technology, including blockchain technology, using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(7) "Electronic agent," a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual;

(8) "Electronic record," a record created, generated, sent, communicated, received, or stored by electronic means. The term includes a record that is secured through blockchain technology;

(9) "Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The term includes a signature that is secured through blockchain technology;

(10) "Governmental agency," an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state;

(11) "Information," data, text, images, sounds, codes, computer programs, software, databases, or the like;

(12) "Information processing system," an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information;

(13) "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity;

(14) "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(15) "Security procedure," a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;

(16) "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state;

(17) "Transaction," an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

Source: SL 2000, ch 225, § 1; SL 2019, ch 207, § 1.Terms used in this chapter mean:

(1) "Agreement," the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction;

(2) "Automated transaction," a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction;

(3) "Blockchain technology," technology that uses a distributed, shared, and replicated ledger, either public or private, with or without permission, or driven with or without tokenized crypto economics where the data on the ledger is protected with cryptography and is immutable and auditable;

(4) "Computer program," a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result;

(5) "Contract," the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law;

(6) "Electronic," any technology, including blockchain technology, using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(7) "Electronic agent," a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual;

(8) "Electronic record," a record created, generated, sent, communicated, received, or stored by electronic means. The term includes a record that is secured through blockchain technology;

(9) "Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The term includes a signature that is secured through blockchain technology;

(10) "Governmental agency," an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state;

(11) "Information," data, text, images, sounds, codes, computer programs, software, databases, or the like;

(12) "Information processing system," an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information;

(13) "Open protocol," a publicly available technical standard that:

(a) Enables interoperability and data exchange between social media services by providing a common data standard to facilitate the exchange of a user's personal data across multiple social media services; and

(b) Is free from licensing fees and patent restrictions;

(14) "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity;

(15) "Personal data," information that is linked or reasonably linkable to an identified or identifiable individual, including data that represents the individual's connections and interactions within a social media service, and excluding de-identified data, aggregated data, or publicly available information;

(16) "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(17) "Security procedure," a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;

(18) "Social media company," an entity that owns or operates a social media service;

(19) "Social media service," a public website or application that:

(a) Displays content that is primarily generated by account holders and not by the social media company;

(b) Permits an individual to register as an account holder and create a profile that is made visible to the public or a set of other users defined by the account holder;

(c) Allows account holders to view content generated by other users;

(d) Allows account holders to post content viewable by other users;

(e) Is not identifiable as email, cloud storage, interactive gaming, or document viewing, sharing, or collaboration services; and

(f) Is not a service or application that consists primarily of electronic commerce and for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content;

(20) "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state;

(21) "Transaction," an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs; and

(22) "User," an individual who is a resident of this state, acting only in an individual or household context and who accesses or uses a social media service.

Source: SL 2000, ch 225, § 1; SL 2019, ch 207, § 1; SL 2026, ch 197, § 1, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-3-2 — SD Code / Title 53 / Chapter 3 / Section 53-3-2
Absence of free consent--Contract voidable--Rescission
Status: in_force

Consent which is not free is not void but voidable and may be rescinded in the manner prescribed by the statutes on rescission.

Source: CivC 1877, § 877; CL 1887, § 3501; RCivC 1903, § 1195; RC 1919, § 810; SDC 1939, § 10.0302.
S.D. Codified Laws § 53-9-1 — SD Code / Title 53 / Chapter 9 / Section 53-9-1
Contract provisions contrary to law, unlawful
Status: in_force

A contract provision contrary to an express provision of law or to the policy of express law, though not expressly prohibited or otherwise contrary to good morals, is unlawful.

Source: CivC 1877, § 953; CL 1887, § 3577; RCivC 1903, § 1271; RC 1919, § 892; SDC 1939, § 10.0701.
S.D. Codified Laws § 53-12-21 — SD Code / Title 53 / Chapter 12 / Section 53-12-21
Attributing electronic signature or record to person
Status: in_force

An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

Source: SL 2000, ch 225, § 21.
S.D. Codified Laws § 53-8-4 — SD Code / Title 53 / Chapter 8 / Section 53-8-4
Sales at public auction, memorandum of auctioneer, compliance with statute of frauds
Status: in_force

When a sale is made by public auction of any real or personal property, an entry by the auctioneer, or actual clerk of the sale, in his sale book at the time of the sale, of the kind of property sold and description thereof sufficient for identification, the terms of sale, the price, and the names of the purchaser and person on whose account the sale was made, is a sufficient memorandum to satisfy the requirements of § 53-8-2 .

Source: CivC 1877, § 920; CL 1887, § 3544; RCivC 1903, § 1238; RC 1919, § 858; SDC 1939, § 10.0606.
S.D. Codified Laws § 53-2-1 — SD Code / Title 53 / Chapter 2 / Section 53-2-1
Persons capable of contracting
Status: in_force

All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights.

Source: CivC 1877, § 872; CL 1887, § 3496; RCivC 1903, § 1190; RC 1919, § 805; SDC 1939, § 10.0201.
S.D. Codified Laws § 53-12-32 — SD Code / Title 53 / Chapter 12 / Section 53-12-32
Formation and terms of contract in automated transaction
Status: in_force

In an automated transaction, the following rules apply:

(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;

(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance;

(3) The terms of the contract are determined by the substantive law applicable to it.

Source: SL 2000, ch 225, § 32.
S.D. Codified Laws § 53-9-11.1 — SD Code / Title 53 / Chapter 9 / Section 53-9-11.1
Employment contract--Competition limitation upon termination--Practitioner defined
Status: in_force

For purposes of § 53-9-11.2 , a practitioner means:

(1) A physician licensed in accordance with chapter 36-4 ;

(2) A physician assistant licensed in accordance with chapter 36-4A ;

(3) A paramedic or emergency medical technician licensed in accordance with chapter 36-4B ;

(4) A respiratory care practitioner licensed in accordance with chapter 36-4C ;

(5) A chiropractor licensed in accordance with chapter 36-5 ;

(6) A dentist licensed in accordance with chapter 36-6A ;

(7) An optometrist licensed in accordance with chapter 36-7 ;

(8) A podiatrist licensed in accordance with chapter 36-8 ;

(9) A registered nurse authorized to practice in accordance with § 36-9-3 ;

(10) A certified registered nurse anesthetist authorized to practice in accordance with § 36-9-3.1 ;

(11) A licensed practical nurse authorized to practice in accordance with § 36-9-4 ;

(12) A certified nurse practitioner or certified nurse midwife licensed in accordance with chapter 36-9A ;

(13) A certified professional midwife licensed under 36-9C ;

(14) A physical therapist licensed in accordance with chapter 36-10 ;

(15) A nutritionist or dietician licensed in accordance with chapter 36-10B ;

(16) A pharmacist licensed in accordance with chapter 36-11 ;

(17) An audiologist or hearing aid dispenser licensed in accordance with chapter 36-24 ;

(18) A social worker licensed in accordance with chapter 36-26 ;

(19) A psychologist licensed in accordance with chapter 36-27A ;

(20) An athletic trainer licensed in accordance with chapter 36-29 ;

(21) An occupational therapist licensed in accordance with chapter 36-31 ;

(22) A professional counselor or a professional counselor-mental health licensed in accordance with chapter 36-32 ;

(23) A marriage and family therapist licensed in accordance with chapter 36-33 ;

(24) An addiction and prevention professional licensed or certified in accordance with chapter 36-34 ;

(25) A massage therapist licensed in accordance with chapter 36-35 ;

(26) A genetic counselor licensed in accordance with chapter 36-36 ;

(27) A speech language pathologist licensed in accordance with chapter 36-37 ; and

(28) A behavior analyst licensed in accordance with chapter 36-38 .

Source: SL 2021, ch 205, § 2; SL 2023, ch 160, § 2.
S.D. Codified Laws § 53-12-29 — SD Code / Title 53 / Chapter 12 / Section 53-12-29
Retention of check
Status: in_force

If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with § 53-12-25 .

Source: SL 2000, ch 225, § 29.
S.D. Codified Laws § 53-8-5 — SD Code / Title 53 / Chapter 8 / Section 53-8-5
Execution of contract in writing supersedes oral negotiations or stipulations
Status: in_force

The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.

Source: CivC 1877, § 921; CL 1887, § 3545; RCivC 1903, § 1239; RC 1919, § 860; SDC 1939, § 10.0604.
S.D. Codified Laws § 53-12-15 — SD Code / Title 53 / Chapter 12 / Section 53-12-15
Electronic record satisfies requirement of a writing
Status: in_force

If a law requires a record to be in writing, an electronic record satisfies the law.

Source: SL 2000, ch 225, § 15.
S.D. Codified Laws § 53-12-19 — SD Code / Title 53 / Chapter 12 / Section 53-12-19
Electronic record not enforceable against recipient in certain situations
Status: in_force

If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

Source: SL 2000, ch 225, § 19.
S.D. Codified Laws § 53-12-46 — SD Code / Title 53 / Chapter 12 / Section 53-12-46
Government agencies to determine extent to which electronic records will be created and retained
Status: in_force

Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.

Source: SL 2000, ch 225, § 46.
S.D. Codified Laws § 53-7-4 — SD Code / Title 53 / Chapter 7 / Section 53-7-4
Communication of consent
Status: in_force

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, § 10.0316.
S.D. Codified Laws § 53-9-10 — SD Code / Title 53 / Chapter 9 / Section 53-9-10
Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity
Status: in_force

Partners may, upon or in anticipation of a dissolution of the partnership, agree that none of them will carry on a similar business within the same municipality where the partnership business has been transacted or within a specified part thereof.

Source: CivC 1877, § 961; CL 1887, § 3585; RCivC 1903, § 1279; RC 1919, § 900; SL 1929, ch 88; SDC 1939, § 10.0706 (2).
S.D. Codified Laws § 53-8-1 — SD Code / Title 53 / Chapter 8 / Section 53-8-1
Contracts which may be oral
Status: in_force

All contracts may be oral except such as are specially required by statute to be in writing.

Source: CivC 1877, § 918; CL 1887, § 3542; RCivC 1903, § 1236; RC 1919, § 853; SDC 1939, § 10.0602.
S.D. Codified Laws § 53-1-1 — SD Code / Title 53 / Chapter 1 / Section 53-1-1
Contract defined
Status: in_force

A contract is an agreement to do or not to do a certain thing.

Source: CivC 1877, § 870; CL 1887, § 3494; RCivC 1903, § 1188; RC 1919, § 803; SDC 1939, § 10.0101.
S.D. Codified Laws § 53-1-3 — SD Code / Title 53 / Chapter 1 / Section 53-1-3
Contracts, express or implied--Express contract defined--Implied contract defined
Status: in_force

A contract is either express or implied.

An express contract is one, the terms of which are stated in words.

An implied contract is one, the existence and terms of which are manifested by conduct.

Source: CivC 1877, §§ 915 to 917; CL 1887, §§ 3539 to 3541; RCivC 1903, §§ 1233 to 1235; RC 1919, §§ 850 to 852; SDC 1939, § 10.0601.
S.D. Codified Laws § 53-12-31 — SD Code / Title 53 / Chapter 12 / Section 53-12-31
Electronic form of record or signature not grounds for exclusion
Status: in_force

In a proceeding, no evidence of a record or signature may be excluded solely because it is in electronic form.

Source: SL 2000, ch 225, § 31.
S.D. Codified Laws § 53-2-2 — SD Code / Title 53 / Chapter 2 / Section 53-2-2
Minors and persons of unsound mind--Capacity to contract
Status: in_force

Minors and persons of unsound mind have only such capacity as is specified in the statutes relating to such persons.

Source: CivC 1877, § 873; CL 1887, § 3497; RCivC 1903, § 1191; RC 1919, § 806; SDC 1939, § 10.0202.
S.D. Codified Laws § 53-7-6 — SD Code / Title 53 / Chapter 7 / Section 53-7-6
Acceptance of proposal--Consent fully communicated
Status: in_force

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 § 53-7-5 .

Source: CivC 1877, § 894; CL 1887, § 3518; RCivC 1903, § 1212; RC 1919, § 827; SDC 1939, § 10.0318.
S.D. Codified Laws § 53-12-10 — SD Code / Title 53 / Chapter 12 / Section 53-12-10
Provisions of chapter may be varied by agreement except as otherwise provided
Status: in_force

Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

Source: SL 2000, ch 225, § 10.
S.D. Codified Laws § 53-4-9 — SD Code / Title 53 / Chapter 4 / Section 53-4-9
Mistake of fact defined
Status: in_force

Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:

(1) An unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or

(2) Belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed.

Source: CivC 1877, § 888; CL 1887, § 3512; RCivC 1903, § 1206; RC 1919, § 821; SDC 1939, § 10.0312.
S.D. Codified Laws § 53-12-43 — SD Code / Title 53 / Chapter 12 / Section 53-12-43
Person having control of transferable record is holder with same rights and defenses as holder of equivalent record
Status: in_force

Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision 57A-1-201(20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under § 57A-3-302(a), 57A-7-501 , or 57A-9-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this section.

Source: SL 2000, ch 225, § 43.
S.D. Codified Laws § 53-6-10 — SD Code / Title 53 / Chapter 6 / Section 53-6-10
Effect of impossibility of ascertaining consideration--Possible of execution on face
Status: in_force

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; RC 1919, § 847; SDC 1939, § 10.0505.
S.D. Codified Laws § 53-9-3 — SD Code / Title 53 / Chapter 9 / Section 53-9-3
Contracts against public policy
Status: in_force

All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud or willful injury to the person or property of another or from violation of law whether willful or negligent, are against the policy of the law.

Source: CivC 1877, § 954; CL 1887, § 3578; RCivC 1903, § 1272; RC 1919, § 893; SDC 1939, § 10.0702.
S.D. Codified Laws § 53-2-6 — SD Code / Title 53 / Chapter 2 / Section 53-2-6
Contract for benefit of third person--Enforcement by beneficiary, limitation of time
Status: in_force

A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it.

Source: CivC 1877, § 875; CL 1887, § 3499; RCivC 1903, § 1193; RC 1919, § 808; SDC 1939, § 10.0204.
S.D. Codified Laws § 53-4-4 — SD Code / Title 53 / Chapter 4 / Section 53-4-4
Fraud, actual or constructive
Status: in_force

Fraud is either actual or constructive.

Source: CivC 1877, § 882; CL 1887, § 3506; RCivC 1903, § 1200; RC 1919, § 815; SDC 1939, § 10.0306.
S.D. Codified Laws § 53-12-8 — SD Code / Title 53 / Chapter 12 / Section 53-12-8
Application solely to transactions between parties agreeing to electronic transaction
Status: in_force

This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

Source: SL 2000, ch 225, § 8.
S.D. Codified Laws § 53-12-40 — SD Code / Title 53 / Chapter 12 / Section 53-12-40
"Transferable record" defined
Status: in_force

For purposes of this chapter, the term, transferable record, means an electronic record that:

(1) Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing; and

(2) The issuer of the electronic record expressly has agreed is a transferable record.

Source: SL 2000, ch 225, § 40.
S.D. Codified Laws § 53-5-4 — SD Code / Title 53 / Chapter 5 / Section 53-5-4
Several distinct objects--Some lawful and some unlawful--Validity of lawful parts
Status: in_force

Where a contract has several distinct objects, one or more of which are lawful and one or more of which are unlawful in whole or in part, the contract is void as to the latter and valid as to the rest.

Source: CivC 1877, § 905; CL 1887, § 3529; RCivC 1903, § 1223; RC 1919, § 838; SDC 1939, § 10.0404.
S.D. Codified Laws § 53-9-5 — SD Code / Title 53 / Chapter 9 / Section 53-9-5
Contracts fixing damages void, exception
Status: in_force

Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.

Source: CivC 1877, §§ 956, 957; CL 1887, §§ 3580, 3581; RCivC 1903, §§ 1274, 1275; RC 1919, §§ 895, 896; SDC 1939, § 10.0704.
S.D. Codified Laws § 53-11-1 — SD Code / Title 53 / Chapter 11 / Section 53-11-1
Extinguishment of contracts--Methods
Status: in_force

A contract may be extinguished in like manner as any other obligation and also by rescission, alteration, and cancellation, as provided by statute.

Source: CivC 1877, §§ 963, 964; CL 1887, §§ 3587, 3588; RCivC 1903, §§ 1281, 1282; RC 1919, §§ 902, 903; SDC 1939, § 10.0801.
S.D. Codified Laws § 53-4-12 — SD Code / Title 53 / Chapter 4 / Section 53-4-12
Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake
Status: in_force

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 exact and entire compensation.

Source: CivC 1877, § 966; CL 1887, § 3590; RCivC 1903, § 1284; RC 1919, § 905; SDC 1939, § 10.0803.
S.D. Codified Laws § 53-11-6 — SD Code / Title 53 / Chapter 11 / Section 53-11-6
Extinction by destruction or cancellation of contract or signatures by consent
Status: in_force

The destruction or cancellation of a written contract or of the signatures of the parties liable thereon with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act.

Source: CivC 1877, § 970; CL 1887, § 3594; RCivC 1903, § 1288; RC 1919, § 909; SDC 1939, § 10.0807.
S.D. Codified Laws § 53-4-8 — SD Code / Title 53 / Chapter 4 / Section 53-4-8
Mistake, classification
Status: in_force

Mistake may be either of fact or of law.

Source: CivC 1877, § 887; CL 1887, § 3511; RCivC 1903, § 1205; RC 1919, § 820; SDC 1939, § 10.0311.
S.D. Codified Laws § 53-12-48 — SD Code / Title 53 / Chapter 12 / Section 53-12-48
Board of Regents to determine extent to which electronic records and signatures will be used
Status: in_force

With respect to records under its control, and except as otherwise provided in § 53-12-30 , the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board's control shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. In administering such records, the board may exercise those powers specified in §§ 53-12-47 and 53-12-50 . However, any public records as defined in § 13-49-31 that the board elects to maintain in electronic form shall be accessible to the public in conformity with the rules the commissioner of the Bureau of Information and Technology promulgates pursuant to §§ 53-12-47 and 53-12-50 .

Source: SL 2000, ch 225, § 48; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 53-12-24 — SD Code / Title 53 / Chapter 12 / Section 53-12-24
Notarization of electronic signature
Status: in_force

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

Source: SL 2000, ch 225, § 24.
S.D. Codified Laws § 53-9-10.1 — SD Code / Title 53 / Chapter 9 / Section 53-9-10.1
Competition limitation--Business entity--Sale or transfer of ownership--Limits
Status: in_force

In any governing document of a business entity, or as part of a contract for the purchase, sale, or transfer of an ownership interest in the entity, the parties may agree that an owner, after the transfer of the interest in the entity, may not engage, directly or indirectly, in the same or similar type of business conducted by the entity during the owner's period of ownership, within the specified geographic area in which the entity conducts business, for a period not exceeding three years from the date of transfer.

Source: SL 2026, ch 195, § 1.
S.D. Codified Laws § 53-12-39 — SD Code / Title 53 / Chapter 12 / Section 53-12-39
Effect of actual knowledge that electronic record purportedly sent or received was not sent or received
Status: in_force

If a person is aware that an electronic record purportedly sent under § 53-12-33 , or purportedly received under § 53-12-34 , was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this section may not be varied by agreement.

Source: SL 2000, ch 225, § 39.
S.D. Codified Laws § 53-4-3 — SD Code / Title 53 / Chapter 4 / Section 53-4-3
Duress defined
Status: in_force

Duress consists in:

(1) Actual or threatened unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; or

(2) Actual or threatened confinement of any such person or persons lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive; or

(3) Actual or threatened unlawful violent injury to the person or property of any such person or persons; or

(4) Actual or threatened injury to the character of any such person or persons; or

(5) Actual unlawful detention of the property of any such person.

Source: CivC 1877, §§ 880, 881; CL 1887, §§ 3504, 3505; RCivC 1903, §§ 1198, 1199; RC 1919, §§ 813, 814; SDC 1939, § 10.0305.
S.D. Codified Laws § 53-9-6.1 — SD Code / Title 53 / Chapter 9 / Section 53-9-6.1
Validation of contract limiting time for enforcement of rights under surety contracts
Status: in_force

Any contract provision which limits a party's time for enforcing his rights under a surety contract entered into prior to July 1, 1988, is hereby cured, legalized and validated as fully as if such contract provision had been entered into pursuant to § 53-9-6 .

Source: SL 1988, ch 382, § 2.
S.D. Codified Laws § 53-12-2 — SD Code / Title 53 / Chapter 12 / Section 53-12-2
Transactions governed by chapter
Status: in_force

Except as otherwise provided in § 53-12-3 , this chapter applies to electronic records and electronic signatures relating to a transaction.

Source: SL 2000, ch 225, § 2.
S.D. Codified Laws § 53-1-4 — SD Code / Title 53 / Chapter 1 / Section 53-1-4
Law and usage of place of performance, application to contracts
Status: in_force

A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.

Source: CivC 1877, § 937; CL 1887, § 3561; RCivC 1903, § 1255; RC 1919, § 876; SDC 1939, § 10.0106.
S.D. Codified Laws § 53-4-2 — SD Code / Title 53 / Chapter 4 / Section 53-4-2
Consent deemed voidable--Grounds
Status: in_force

Consent is deemed to have been obtained through duress, fraud, undue influence, or mistake, only when it would not have been given except for one or more of them.

Source: CivC 1877, § 879; CL 1887, § 3503; RCivC 1903, § 1197; RC 1919, § 812; SDC 1939, § 10.0304.
S.D. Codified Laws § 53-9-4 — SD Code / Title 53 / Chapter 9 / Section 53-9-4
Penalties for nonperformance of contract void, exceptions
Status: in_force

Penalties imposed by contract for any nonperformance thereof are void. This section does not void obligations penal in form such as heretofore have been commonly used, but it voids their penal clauses.

Source: CivC 1877, § 955; CL 1887, § 3579; RCivC 1903, § 1273; RC 1919, § 894; SDC 1939, § 10.0703.
S.D. Codified Laws § 53-7-9 — SD Code / Title 53 / Chapter 7 / Section 53-7-9
Written contracts--Application of law of transfer of property
Status: in_force

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.
S.D. Codified Laws § 53-11-2 — SD Code / Title 53 / Chapter 11 / Section 53-11-2
Rescission by party to contract--Grounds
Status: in_force

A party to a contract may rescind the same in the following cases only:

(1) If consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party;

(2) If through fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part;

(3) If the consideration becomes entirely void from any cause;

(4) If such consideration before it is rendered to him fails in a material respect from any cause; or

(5) By consent of all the other parties.

Source: CivC 1877, § 965; CL 1887, § 3589; RCivC 1903, § 1283; RC 1919, § 904; SDC 1939, § 10.0802.
S.D. Codified Laws § 53-12-16 — SD Code / Title 53 / Chapter 12 / Section 53-12-16
Electronic signature satisfies requirement of a signature
Status: in_force

If a law requires a signature, an electronic signature satisfies the law.

Source: SL 2000, ch 225, § 16.
S.D. Codified Laws § 53-6-3 — SD Code / Title 53 / Chapter 6 / Section 53-6-3
Instrument as evidence of consideration
Status: in_force

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.
S.D. Codified Laws § 53-3-5 — SD Code / Title 53 / Chapter 3 / Section 53-3-5
Assumption of obligation by acceptance of benefits
Status: in_force

A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it so far as the facts are known or ought to be known to the person accepting.

Source: CivC 1877, § 900; CL 1887, § 3524; RCivC 1903, § 1218; RC 1919, § 833; SDC 1939, § 10.0324.
S.D. Codified Laws § 53-12-35 — SD Code / Title 53 / Chapter 12 / Section 53-12-35
Location of information processing system irrelevant
Status: in_force

Section 53-12-34 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under § 53-12-36 .

Source: SL 2000, ch 225, § 35.
S.D. Codified Laws § 53-12-38 — SD Code / Title 53 / Chapter 12 / Section 53-12-38
Effect of electronic acknowledgment
Status: in_force

Receipt of an electronic acknowledgment from an information processing system described in § 53-12-34 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

Source: SL 2000, ch 225, § 38.
S.D. Codified Laws § 53-10-1 — SD Code / Title 53 / Chapter 10 / Section 53-10-1
Executed contract distinguished from executory contract
Status: in_force

An executed contract is one, the object of which is fully performed. All others are executory.

Source: CivC 1877, § 952; CL 1887, § 3576; RCivC 1903, § 1270; RC 1919, § 891; SDC 1939, § 10.0103.
S.D. Codified Laws § 53-12-20 — SD Code / Title 53 / Chapter 12 / Section 53-12-20
Requirements of §§53-12-17to53-12-19, inclusive, not to be varied by agreement--Exceptions
Status: in_force

No requirement of §§ 53-12-17 to 53-12-19 , inclusive, may be varied by agreement, but:

(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under § 53-12-17 that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, may be varied by agreement to the extent permitted by the other law.

Source: SL 2000, ch 225, § 20.
S.D. Codified Laws § 53-6-4 — SD Code / Title 53 / Chapter 6 / Section 53-6-4
Burden of proof to invalidate sufficient consideration
Status: in_force

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.
S.D. Codified Laws § 53-6-11 — SD Code / Title 53 / Chapter 6 / Section 53-6-11
Measure of consideration, ascertainment
Status: in_force

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 worth.

Source: CivC 1877, § 912; CL 1887, § 3536; RCivC 1903, § 1230; RC 1919, § 845; SDC 1939, § 10.0506.
S.D. Codified Laws § 53-5-3 — SD Code / Title 53 / Chapter 5 / Section 53-5-3
Unlawfulness of object and impossibility of performance renders contract void
Status: in_force

Where a contract has but a single object and such object is unlawful in whole or in part, or wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void.

Source: CivC 1877, § 904; CL 1887, § 3528; RCivC 1903, § 1222; RC 1919, § 837; SDC 1939, § 10.0403.
S.D. Codified Laws § 53-8-6 — SD Code / Title 53 / Chapter 8 / Section 53-8-6
Oral contract--Alteration in writing by consent of parties
Status: in_force

A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the alteration.

Source: CivC 1877, § 968; CL 1887, § 3592; RCivC 1903, § 1286; RC 1919, § 907; SDC 1939, § 10.0805.
S.D. Codified Laws § 53-12-56 — SD Code / Title 53 / Chapter 12 / Section 53-12-56
Social media service--Imported data
Status: in_force

Nothing in §§ 53-12-51 to 53-12-55 , inclusive, requires a social media service to import any data or treat imported data differently from any other use-generated content on the service.

Source: SL 2026, ch 197, § 8, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-4-5 — SD Code / Title 53 / Chapter 4 / Section 53-4-5
Actual fraud, acts constituting, question of fact
Status: in_force

Actual fraud in relation to contracts consists of any of the following acts committed by a party to the contract, or with his connivance, with intent to deceive another party thereto or to induce him to enter into the contract:

(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;

(2) The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believe it to be true;

(3) The suppression of that which is true by one having knowledge or belief of the fact;

(4) A promise made without any intention of performing it; or

(5) Any other act fitted to deceive.

Actual fraud is always a question of fact.

Source: CivC 1877, §§ 883, 885; CL 1887, §§ 3507, 3509; RCivC 1903, §§ 1201, 1203; RC 1919, §§ 816, 818; SDC 1939, §§ 10.0307, 10.0309.
S.D. Codified Laws § 53-12-18 — SD Code / Title 53 / Chapter 12 / Section 53-12-18
Requirement that record be posted, transmitted or formatted in certain manner
Status: in_force

If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner; the following rules apply:

(1) The record shall be posted or displayed in the manner specified in the other law;

(2) Except as otherwise provided in § 53-12-20 , the record shall be sent, communicated, or transmitted by the method specified in the other law;

(3) The record shall contain the information formatted in the manner specified in the other law.

Source: SL 2000, ch 225, § 18.
S.D. Codified Laws § 53-9-9 — SD Code / Title 53 / Chapter 9 / Section 53-9-9
Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity
Status: in_force

Any person who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or other specified area, as long as the buyer or person deriving title to the good will from the seller carries on a like business within the specified geographical area.

Source: SDC 1939, § 10.0706 (1); SL 1992, ch 60, § 2; SL 1997, ch 274, § 1.
S.D. Codified Laws § 53-9-12 — SD Code / Title 53 / Chapter 9 / Section 53-9-12
Contracts of independent contractor who is captive insurance agent--Covenants not to compete
Status: in_force

Any independent contractor who is an insurance producer as defined in subdivision 58-1-2(16) and is a captive agent who is not an independent agent and who works exclusively for a single insurance company or an affiliated group of insurance companies, even if the single insurance company allows its captive agents to market the products of another insurance company pursuant to contract, may agree with an insurer at the time of contracting or at any time during the term of the contract:

(1) Not to engage directly or indirectly in the same business or profession as that of the insurer for any period not exceeding two years from the date of termination of the independent contractor's agreement with the insurer; and

(2) Not to solicit existing customers of the insurer within a specified county, first or second class municipality, or other specified area for any period not exceeding two years from the date of termination of the agreement, if the insurer continues to carry on a like business within the specified area.

Source: SL 2005, ch 254, § 2.
S.D. Codified Laws § 53-12-41 — SD Code / Title 53 / Chapter 12 / Section 53-12-41
Person having control of transferable record
Status: in_force

A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

Source: SL 2000, ch 225, § 41.
S.D. Codified Laws § 53-9-11 — SD Code / Title 53 / Chapter 9 / Section 53-9-11
Employment contract--Competition limitation upon termination
Status: in_force

Except as otherwise provided in § 53-9-11.2 , an employee may agree with an employer at the time of employment or at any time during employment not to engage directly or indirectly in the same business or profession as that of the employer for any period not exceeding two years from the date of termination of the agreement and not to solicit existing customers of the employer within a specified county, first- or second-class municipality, or other specified area for any period not exceeding two years from the date of termination of the agreement, if the employer continues to carry on a like business therein.

Source: SL 1929, ch 88; SDC 1939, § 10.0706 (3); SL 1984, ch 318; SL 2021, ch 205, § 1; SL 2023, ch 160, § 1.
S.D. Codified Laws § 53-10-2 — SD Code / Title 53 / Chapter 10 / Section 53-10-2
Time of performance of contract not specified--Allowance of reasonable time--Instant action
Status: in_force

If no time is specified for the performance of an act, a reasonable time is allowed. If the act is capable of being done instantly, such as payment of money, it must be performed immediately when due and ascertained.

Source: CivC 1877, § 948; CL 1887, § 3572; RCivC 1903, § 1266; RC 1919, § 887; SDC 1939, § 10.0107.
S.D. Codified Laws § 53-9-2 — SD Code / Title 53 / Chapter 9 / Section 53-9-2
Gambling contracts void
Status: in_force

Any contract:

(1) In which the whole or any part of the contractual consideration is money or other valuable consideration, won or lost as a result of the outcome of any game of any kind, under any name or by any means; or

(2) In which the contract is for the repayment of money or other valuable consideration, lent or advanced, for the purpose of gambling in connection with any game, play, bet, or wager;

Source: SL 1907, ch 155, § 3; RC 1919, § 3929; SDC 1939, § 24.0102; SL 2010, ch 230, § 1.
S.D. Codified Laws § 53-12-49 — SD Code / Title 53 / Chapter 12 / Section 53-12-49
Use of electronic records or signatures by government agencies not mandated
Status: in_force

Except as otherwise provided in § 53-12-30 , this chapter does not require a governmental agency to use or permit the use of electronic records or electronic signatures.

Source: SL 2000, ch 225, § 49.
S.D. Codified Laws § 53-5-2 — SD Code / Title 53 / Chapter 5 / Section 53-5-2
Requisites of object
Status: in_force

The object of a contract must be lawful when the contract is made and possible and ascertainable by the time the contract is to be performed.

Source: CivC 1877, § 902; CL 1887, § 3526; RCivC 1903, § 1220; RC 1919, § 835; SDC 1939, § 10.0402.
S.D. Codified Laws § 53-9-13 — SD Code / Title 53 / Chapter 9 / Section 53-9-13
Coerce or compel an abortion--Contract void
Status: in_force

A provision in a contract is void and unenforceable if it in any way:

(1) Coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;

(2) Results in a breach of any term of the contract if a pregnant woman refuses to undergo an abortion; or

(3) Results in the pregnant woman assuming any cost, obligation, or responsibility for refusing to undergo an abortion.

Source: SL 2021, ch 206, § 1.
S.D. Codified Laws § 53-9-6 — SD Code / Title 53 / Chapter 9 / Section 53-9-6
Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable
Status: in_force

Every provision in a contract restricting a party from enforcing his rights under it by usual legal proceedings in ordinary tribunals, or limiting his time to do so, is void. However, agreements to submit controversies to arbitration, as authorized by the Uniform Arbitration Act, are valid and enforceable, and any provision in a surety contract which limits the time for enforcement is valid and enforceable if the limitation of time is not less than two years after the cause of action has accrued.

Source: CivC 1877, § 958; CL 1887, § 3582; RCivC 1903, § 1276; RC 1919, § 897; SDC 1939, § 10.0705; SL 1971, ch 157, § 27; SL 1988, ch 382, § 1.
S.D. Codified Laws § 53-11-5 — SD Code / Title 53 / Chapter 11 / Section 53-11-5
Restoration of everything of value by party rescinding
Status: in_force

The party rescinding a contract must restore to the other party everything of value which he has received from him under the contract, or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.

Source: CivC 1877, § 967, subdiv 2; CL 1887, § 3591, subdiv 2; RCivC 1903, § 1285, subdiv 2; RC 1919, § 906 (2); SDC 1939, § 10.0804 (2).
S.D. Codified Laws § 53-12-11 — SD Code / Title 53 / Chapter 12 / Section 53-12-11
Determination of legal consequences of electronic records or signatures
Status: in_force

Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

Source: SL 2000, ch 225, § 11.
S.D. Codified Laws § 53-6-6 — SD Code / Title 53 / Chapter 6 / Section 53-6-6
Illegality of consideration, effect
Status: in_force

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.
S.D. Codified Laws § 53-12-44 — SD Code / Title 53 / Chapter 12 / Section 53-12-44
Obligor under transferable record has same rights and defenses as obligor under equivalent records
Status: in_force

Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.

Source: SL 2000, ch 225, § 44.
S.D. Codified Laws § 53-11-4 — SD Code / Title 53 / Chapter 11 / Section 53-11-4
Prompt action by party rescinding on discovery of duress, undue influence, or disability
Status: in_force

The party rescinding a contract must rescind promptly, upon discovering the facts which entitle him to rescind, if he is free from duress, undue influence, or disability, and is aware of his right to rescind.

Source: CivC 1877, § 967, subdiv 1; CL 1887, § 3591, subdiv 1; RCivC 1903, § 1285, subdiv 1; RC 1919, § 906 (1); SDC 1939, § 10.0804 (1).
S.D. Codified Laws § 53-12-9 — SD Code / Title 53 / Chapter 12 / Section 53-12-9
Party agreeing to one electronic transaction may refuse others--Right not waivable
Status: in_force

A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this section may not be waived by agreement.

Source: SL 2000, ch 225, § 9.
S.D. Codified Laws § 53-6-8 — SD Code / Title 53 / Chapter 6 / Section 53-6-8
Executory consideration--Determination of amount
Status: in_force

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, § 1229; RC 1919, § 844; SDC 1939, § 10.0508.
S.D. Codified Laws § 53-5-1 — SD Code / Title 53 / Chapter 5 / Section 53-5-1
Object of contract defined
Status: in_force

The object of a contract is the thing which it is agreed, on the part of the party receiving the consideration, to do or not to do.

Source: CivC 1877, § 901; CL 1887, § 3525; RCivC 1903, § 1219; RC 1919, § 834; SDC 1939, § 10.0401.
S.D. Codified Laws § 53-7-3 — SD Code / Title 53 / Chapter 7 / Section 53-7-3
Absolute and unqualified acceptance required--Qualified acceptance, new proposal
Status: in_force

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; RCivC 1903, § 1214; RC 1919, § 829; SDC 1939, § 10.0320.
S.D. Codified Laws § 53-12-13 — SD Code / Title 53 / Chapter 12 / Section 53-12-13
Electronic form of record or signature not grounds for denying its legal effect
Status: in_force

No record or signature may be denied legal effect or enforceability solely because it is in electronic form.

Source: SL 2000, ch 225, § 13.
S.D. Codified Laws § 53-12-51 — SD Code / Title 53 / Chapter 12 / Section 53-12-51
Social media service--User data request--Data format
Status: in_force

If a user requests a copy of the user's personal data being held by a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion , the social media service must provide the personal data in a format that:

(1) Is portable to the extent technically feasible;

(2) Is readily usable to the extent practicable; and

(3) Allows the user to transmit the data to another social media service, without impediment.

Source: SL 2026, ch 197, § 3, eff. Jul. 1, 2027.
S.D. Codified Laws § 53-6-5 — SD Code / Title 53 / Chapter 6 / Section 53-6-5
Lawful consideration required
Status: in_force

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.
S.D. Codified Laws § 53-12-37 — SD Code / Title 53 / Chapter 12 / Section 53-12-37
Individual need not be aware of receipt
Status: in_force

An electronic record is received under § 53-12-34 even if no individual is aware of its receipt.

Source: SL 2000, ch 225, § 37.
S.D. Codified Laws § 53-2-4 — SD Code / Title 53 / Chapter 2 / Section 53-2-4
Joint and several contracts
Status: in_force

Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.

Source: CivC 1877, § 950; CL 1887, § 3574; RCivC 1903, § 1268; RC 1919, § 889; SDC 1939, § 10.0104.
S.D. Codified Laws § 53-12-27 — SD Code / Title 53 / Chapter 12 / Section 53-12-27
Services of another person for retention of records authorized
Status: in_force

A person may satisfy § 53-12-25 by using the services of another person if the requirements of that subsection are satisfied.

Source: SL 2000, ch 225, § 27.
S.D. Codified Laws § 53-6-1 — SD Code / Title 53 / Chapter 6 / Section 53-6-1
Good consideration, acts constituting
Status: in_force

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 inducement to the promiser, is a good consideration for a promise.

Source: CivC 1877, § 906; CL 1887, § 3530; RCivC 1903, § 1224; RC 1919, § 839; SDC 1939, § 10.0501.
S.D. Codified Laws § 53-3-1 — SD Code / Title 53 / Chapter 3 / Section 53-3-1
Essentials of consent
Status: in_force

Consent of the parties to a contract must be:

(1) Free;

(2) Mutual; and

(3) Communicated by each to the other.

Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.
S.D. Codified Laws § 53-12-22 — SD Code / Title 53 / Chapter 12 / Section 53-12-22
Effect of electronic record or signature to be determined from context
Status: in_force

The effect of an electronic record or electronic signature attributed to a person under § 53-12-21 is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

Source: SL 2000, ch 225, § 22.
S.D. Codified Laws § 53-1-2 — SD Code / Title 53 / Chapter 1 / Section 53-1-2
Essential elements of contract
Status: in_force

Elements essential to existence of a contract are:

(1) Parties capable of contracting;

(2) Their consent;

(3) A lawful object; and

(4) Sufficient cause or consideration.

Source: CivC 1877, § 871; CL 1887, § 3495; RCivC 1903, § 1189; RC 1919, § 804; SDC 1939, § 10.0102.
S.D. Codified Laws § 53-2-3 — SD Code / Title 53 / Chapter 2 / Section 53-2-3
Identification of parties necessary to validity
Status: in_force

If the parties cannot be identified, a contract is invalid.

Source: CivC 1877, § 874; CL 1887, § 3498; RCivC 1903, § 1192; RC 1919, § 807; SDC 1939, § 10.0203.
S.D. Codified Laws § 53-12-14 — SD Code / Title 53 / Chapter 12 / Section 53-12-14
Electronic record used in contract formation not grounds for denying contract
Status: in_force

No contract may be denied legal effect or enforceability solely because an electronic record was used in its formation.

Source: SL 2000, ch 225, § 14.
S.D. Codified Laws § 53-12-42 — SD Code / Title 53 / Chapter 12 / Section 53-12-42
Requirements for creation, storage, and assignment of transferable record--Authoritative copy
Status: in_force

A system satisfies § 53-12-41 , and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) A single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6) of this section, unalterable;

(2) The authoritative copy identifies the person asserting control as:

(a) The person to which the transferable record was issued; or

(b) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

Source: SL 2000, ch 225, § 42.
S.D. Codified Laws § 53-7-2 — SD Code / Title 53 / Chapter 7 / Section 53-7-2
Revocation of proposal, acts constituting
Status: in_force

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 proposal for its acceptance, or if no time is so prescribed, the lapse of a reasonable time without communication of acceptance;

(3) By the failure of the acceptor to fulfill a condition precedent to acceptance; or

(4) By the death or mental illness of the proposer before acceptance of the proposal.

Source: CivC 1877, § 898; CL 1887, § 3522; RCivC 1903, § 1216; RC 1919, § 831; SDC 1939, § 10.0322.
S.D. Codified Laws § 53-3-4 — SD Code / Title 53 / Chapter 3 / Section 53-3-4
Ratification of voidable contract for want of consent
Status: in_force

A contract which is voidable solely for want of due consent may be ratified by a subsequent consent.

Source: CivC 1877, § 899; CL 1887, § 3523; RCivC 1903, § 1217; RC 1919, § 832; SDC 1939, § 10.0323.
S.D. Codified Laws § 53-2-5 — SD Code / Title 53 / Chapter 2 / Section 53-2-5
Promise in singular number--Execution by several persons
Status: in_force

A promise made in the singular number but executed by several persons is presumed to be joint and several.

Source: CivC 1877, § 951; CL 1887, § 3575; RCivC 1903, § 1269; RC 1919, § 890; SDC 1939, § 10.0105.