reglab/housing_qa huggingface dataset:
SD Codified L § 53-4-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-3 - Duress defined.

53-4-3. Duress defined.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.
SD Codified L § 53-4-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-4 - Fraud, actual or constructive.

53-4-4. Fraud, actual or constructive.Fraud is either actual or constructive. Source: CivC 1877, §882; CL 1887, §3506; RCivC 1903, §1200; RC 1919, §815; SDC 1939, §10.0306.
SD Codified L § 53-4-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-5 - Actual fraud, acts constituting, question of fact.

53-4-5. Actual fraud, acts constituting, question of fact.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.
SD Codified L § 53-4-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-6 - Constructive fraud, acts constituting.

53-4-6. Constructive fraud, acts constituting.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.
SD Codified L § 53-4-7 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-7 - Undue influence, acts constituting.

53-4-7. Undue influence, acts constituting.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.
SD Codified L § 53-4-8 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-8 - Mistake, classification.

53-4-8. Mistake, classification.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.
SD Codified L § 53-4-9 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-9 - Mistake of fact defined.

53-4-9. Mistake of fact defined.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.
SD Codified L § 53-4-10 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-10 - Mistake of law defined.

53-4-10. Mistake of law defined.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.
SD Codified L § 53-4-11 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-11 - Mistake of foreign law--Mistake of fact.

53-4-11. Mistake of foreign law--Mistake of fact.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.
SD Codified L § 53-4-12 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-12 - Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake.

53-4-12. Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake.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.
SD Codified L § 53-5-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 05 - Objects Of Contracts|Section 53-5-1 - Object of contract defined.

53-5-1. Object of contract defined.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.
SD Codified L § 53-5-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 05 - Objects Of Contracts|Section 53-5-2 - Requisites of object.

53-5-2. Requisites of object.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.
SD Codified L § 53-5-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 05 - Objects Of Contracts|Section 53-5-3 - Unlawfulness of object and impossibility of performance renders contract void.

53-5-3. Unlawfulness of object and impossibility of performance renders contract void.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.
SD Codified L § 53-5-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 05 - Objects Of Contracts|Section 53-5-4 - Several distinct objects--Some lawful and some unlawful--Validity of lawful parts.

53-5-4. Several distinct objects--Some lawful and some unlawful--Validity of lawful parts.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.
SD Codified L § 53-6-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-1 - Good consideration, acts constituting.

53-6-1. Good consideration, acts constituting.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.
SD Codified L § 53-6-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-2 - Legal or moral obligation as good consideration.

53-6-2. Legal or moral obligation as good consideration.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.
SD Codified L § 53-6-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-3 - Instrument as evidence of consideration.

53-6-3. Instrument as evidence of consideration.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.
SD Codified L § 53-6-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-4 - Burden of proof to invalidate sufficient consideration.

53-6-4. Burden of proof to invalidate sufficient consideration.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.
SD Codified L § 53-6-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-5 - Lawful consideration required.

53-6-5. Lawful consideration required.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.
SD Codified L § 53-6-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-6 - Illegality of consideration, effect.

53-6-6. Illegality of consideration, effect.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.
SD Codified L § 53-6-8 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-8 - Executory consideration--Determination of amount.

53-6-8. Executory consideration--Determination of amount.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.
SD Codified L § 53-6-9 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-9 - Impossibility of ascertaining consideration, effect.

53-6-9. Impossibility of ascertaining consideration, effect.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.
SD Codified L § 53-6-10 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-10 - Effect of impossibility of ascertaining consideration--Possible of execution on face.

53-6-10. Effect of impossibility of ascertaining consideration--Possible of execution on face.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.
SD Codified L § 53-6-11 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 06 - Consideration For Contracts|Section 53-6-11 - Measure of consideration, ascertainment.

53-6-11. Measure of consideration, ascertainment.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.
SD Codified L § 53-7-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-1 - Revocation of proposal, limitation as to time.

53-7-1. Revocation of proposal, limitation as to time.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.
SD Codified L § 53-7-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-2 - Revocation of proposal, acts constituting.

53-7-2. Revocation of proposal, acts constituting.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.
SD Codified L § 53-7-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-3 - Absolute and unqualified acceptance required--Qualified acceptance, new proposal.

53-7-3. Absolute and unqualified acceptance required--Qualified acceptance, new proposal.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.
SD Codified L § 53-7-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-4 - Communication of consent.

53-7-4. Communication of consent.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.
SD Codified L § 53-7-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-5 - Acceptance of proposal, communication.

53-7-5. Acceptance of proposal, communication.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.
SD Codified L § 53-7-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-6 - Acceptance of proposal--Consent fully communicated.

53-7-6. Acceptance of proposal--Consent fully communicated.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.
SD Codified L § 53-7-7 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-7 - Acceptance of proposal--Acts constituting.

53-7-7. Acceptance of proposal--Acts constituting.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.
SD Codified L § 53-7-8 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-8 - Contract in writing--Effective date.

53-7-8. Contract in writing--Effective date.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.
SD Codified L § 53-7-9 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 07 - Communication Of Proposal And Acceptance|Section 53-7-9 - Written contracts--Application of law of transfer of property.

53-7-9. Written contracts--Application of law of transfer of property.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.
SD Codified L § 53-8-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-1 - Contracts which may be oral.

53-8-1. Contracts which may be oral.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.
SD Codified L § 53-8-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-2 - Contracts required to be in writing--Statute of frauds.

53-8-2. Contracts required to be in writing--Statute of frauds.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.
SD Codified L § 53-8-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-3 - Contract not in writing through fraud--Enforcement against fraudulent party.

53-8-3. Contract not in writing through fraud--Enforcement against fraudulent party.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.
SD Codified L § 53-8-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-4 - Sales at public auction, memorandum of auctioneer, compliance with statute of frauds.

53-8-4. Sales at public auction, memorandum of auctioneer, compliance with statute of frauds.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.
SD Codified L § 53-8-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-5 - Execution of contract in writing supersedes oral negotiations or stipulations.

53-8-5. Execution of contract in writing supersedes oral negotiations or stipulations.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.
SD Codified L § 53-8-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-6 - Oral contract--Alteration in writing by consent of parties.

53-8-6. Oral contract--Alteration in writing by consent of parties.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.
SD Codified L § 53-8-7 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 08 - Oral And Written Contracts|Section 53-8-7 - Alteration of written contract without new consideration.

53-8-7. Alteration of written contract without new consideration.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.