reglab/housing_qa huggingface dataset:
SD Codified L § 53-9-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-1 - Contract provisions contrary to law, unlawful.

53-9-1. Contract provisions contrary to law, unlawful.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.
SD Codified L § 53-9-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-2 - Gambling contracts void.

53-9-2. Gambling contracts void. 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;is void to the extent that the consideration constitutes a gambling win or loss or is a loan or advance for the purpose of gambling. However, any contract where the creditor is a regulated lender as defined in §54-3-14, or any other good faith lender, is not subject to this section. Source: SL 1907, ch 155, §3; RC 1919, §3929; SDC 1939, §24.0102; SL 2010, ch 230, §1.
SD Codified L § 53-9-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-3 - Contracts against public policy.

53-9-3. Contracts against public policy.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.
SD Codified L § 53-9-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-4 - Penalties for nonperformance of contract void, exceptions.

53-9-4. Penalties for nonperformance of contract void, exceptions.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.
SD Codified L § 53-9-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-5 - Contracts fixing damages void, exception.

53-9-5. Contracts fixing damages void, exception.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.
SD Codified L § 53-9-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-6 - Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.

53-9-6. Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.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.
SD Codified L § 53-9-6.1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-6.1 - Validation of contract limiting time for enforcement of rights under surety contracts.

53-9-6.1. Validation of contract limiting time for enforcement of rights under surety contracts.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.
SD Codified L § 53-9-7 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-7 - Contract in restraint of marriage void.

53-9-7. Contract in restraint of marriage void.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.
SD Codified L § 53-9-8 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-8 - Contracts in restraint of trade void--Exceptions.

53-9-8. Contracts in restraint of trade void--Exceptions.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.
SD Codified L § 53-9-9 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-9 - Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity.

53-9-9. Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity.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.
SD Codified L § 53-9-10 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-10 - Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity.

53-9-10. Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity.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).
SD Codified L § 53-9-11 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-11 - Employment contract--Limitation on competition.

53-9-11. Employment contract--Limitation on competition. Except as otherwise provided in § 53-9-11.1, 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.
SD Codified L § 53-9-11.1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-11.1 - Health care provider--Contract to restrict practice--Prohibition--Exception.

53-9-11.1. Health care provider--Contract to restrict practice--Prohibition--Exception. A contract that creates or establishes the terms of employment, a partnership, or any other form of professional relationship, with a health care provider, may not restrict the right of the health care provider to:(1)Practice or provide services for which the provider is licensed, in any geographic area and for any period of time, after the termination of the employment, partnership, or other form of professional relationship;(2)Treat, advise, consult with, or establish a provider-patient relationship with any current patient of the employer, or with a patient affiliated with a partnership or other form of professional relationship; or(3)Solicit or seek to establish a provider-patient relationship with any current patient of the employer, or with a patient affiliated with a partnership or other form of professional relationship.The prohibition of this section does not apply to a contract in connection with the sale and purchase of a practice.For purposes of this section, a health care provider means:(1)A physician licensed in accordance with chapter 36-4;(2)A physician assistant licensed in accordance with chapter 36-4A;(3)A certified nurse practitioner licensed in accordance with chapter 36-9A;(4)A certified nurse midwife licensed in accordance with chapter 36-9A;(5)A certified registered nurse anesthetist authorized to practice in accordance with § 36-9-3.1;(6)A registered nurse authorized to practice in accordance with § 36-9-3; and (7)A licensed practical nurse authorized to practice in accordance with § 36-9-4. Source: SL 2021, ch 205, § 2.
SD Codified L § 53-9-12 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-12 - Contracts of independent contractor who is captive insurance agent--Covenants not to compete.

53-9-12. Contracts of independent contractor who is captive insurance agent--Covenants not to compete.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.
SD Codified L § 53-9-13 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 09 - Unlawful Contracts|Section 53-9-13 - Coerce or compel an abortion--Contract void.

53-9-13. Coerce or compel an abortion--Contract void. 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.
SD Codified L § 53-10-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 10 - Performance Of Contracts|Section 53-10-2 - Time of performance of contract not specified--Allowance of reasonable time--Instant action.

53-10-2. Time of performance of contract not specified--Allowance of reasonable time--Instant action.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.
SD Codified L § 53-10-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 10 - Performance Of Contracts|Section 53-10-3 - Time as essence of the contract.

53-10-3. Time as essence of the contract.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.
SD Codified L § 53-11-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-1 - Extinguishment of contracts--Methods.

53-11-1. Extinguishment of contracts--Methods.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.
SD Codified L § 53-11-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-2 - Rescission by party to contract--Grounds.

53-11-2. Rescission by party to contract--Grounds.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.
SD Codified L § 53-11-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-3 - Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission.

53-11-3. Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission.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.
SD Codified L § 53-11-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-4 - Prompt action by party rescinding on discovery of duress, undue influence, or disability.

53-11-4. Prompt action by party rescinding on discovery of duress, undue influence, or disability.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).
SD Codified L § 53-11-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-5 - Restoration of everything of value by party rescinding.

53-11-5. Restoration of everything of value by party rescinding.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).
SD Codified L § 53-11-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-6 - Extinction by destruction or cancellation of contract or signatures by consent.

53-11-6. Extinction by destruction or cancellation of contract or signatures by consent.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.
SD Codified L § 53-11-7 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 11 - Extinction And Alteration Of Contracts|Section 53-11-7 - Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice.

53-11-7. Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice.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.
SD Codified L § 53-12-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-2 - Transactions governed by chapter.

53-12-2. Transactions governed by chapter.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.
SD Codified L § 53-12-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-3 - Transactions not governed by chapter.

53-12-3. Transactions not governed by chapter.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.
SD Codified L § 53-12-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.

53-12-4. Transactions excluded under §53-12-3 that may be governed by chapter.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.
SD Codified L § 53-12-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.

53-12-5. Transactions subject to chapter also subject to other applicable law.A transaction subject to this chapter is also subject to other applicable substantive law. Source: SL 2000, ch 225, §5.
SD Codified L § 53-12-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-6 - Application of chapter.

53-12-6. Application of chapter.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.
SD Codified L § 53-12-7 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-7 - Electronic record or signature not mandated.

53-12-7. Electronic record or signature not mandated.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.
SD Codified L § 53-12-8 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-8 - Application solely to transactions between parties agreeing to electronic transaction.

53-12-8. Application solely to transactions between parties agreeing to electronic transaction.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.
SD Codified L § 53-12-9 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-9 - Party agreeing to one electronic transaction may refuse others--Right not waivable.

53-12-9. Party agreeing to one electronic transaction may refuse others--Right not waivable.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.
SD Codified L § 53-12-10 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.

53-12-10. Provisions of chapter may be varied by agreement except as otherwise provided.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.
SD Codified L § 53-12-11 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-11 - Determination of legal consequences of electronic records or signatures.

53-12-11. Determination of legal consequences of electronic records or signatures.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.
SD Codified L § 53-12-12 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 12 - Electronic Transactions|Section 53-12-12 - Construction of chapter.

53-12-12. Construction of chapter.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.