reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-36 - Suspension or revocation of authorized delegate designation.

51A-17-36. Suspension or revocation of authorized delegate designation.
The director may issue an order suspending or revoking the designation of an authorized delegate, if the director finds that:
(1)The authorized delegate violated this chapter or a rule adopted or an order issued under this chapter;
(2)The authorized delegate did not cooperate with an examination or investigation by the director;
(3)The authorized delegate engages in fraud, intentional misrepresentation, or gross negligence;
(4)The authorized delegate is convicted of a violation of a state or federal anti-money laundering statute or is subject to an enforcement action for a violation of a state or federal anti-money laundering statute;
(5)The competence, experience, character, or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; or
(6)The authorized delegate is engaging in an unsafe or unsound practice. In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate's provision of money services, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the authorized delegate.
An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate pursuant to chapter 1-26.
Source:
SL 2008, ch 253, §36.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-37 - Cease and desist order.

51A-17-37. Cease and desist order.
If the director determines that a violation of this chapter or of a rule adopted or an order issued pursuant to this chapter by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of assets of the licensee, the director may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The director may issue an order against a licensee to cease and desist from providing money transmission services through an authorized delegate that is the subject of a separate order pursuant to §51A-17-36. The order becomes effective upon service of it upon the licensee or authorized delegate. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 1-26. However, a licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to chapter 1-26.
Source:
SL 2008, ch 253, §37.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-38 - Administrative proceeding following cease and desist order.

51A-17-38. Administrative proceeding following cease and desist order.
The director shall commence an administrative proceeding pursuant to chapter 1-26 within twenty days after issuing an order to cease and desist. The director may apply to the circuit court for an appropriate order to protect the public interest.
Source:
SL 2008, ch 253, §38.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-39 - Consent order.

51A-17-39. Consent order.
The director may enter into a consent order at any time with a person to resolve a matter arising under this chapter. A consent order shall be signed by the person to whom it is issued or by the person's authorized representative, and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated.
Source:
SL 2008, ch 253, §39.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-40 - Fine for violation of chapter or rule.

51A-17-40. Fine for violation of chapter or rule.
The director may assess a fine against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed five hundred dollars per day for each day the violation is outstanding, plus the state's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees.
Source:
SL 2008, ch 253, §40.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-41 - Intentional misrepresentations or omissions in records--Engaging in activity without required license--Felony.

51A-17-41. Intentional misrepresentations or omissions in records--Engaging in activity without required license--Felony.
Any person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in such a record is guilty of a Class 6 felony. Any person that knowingly engages in any activity for which a license is required under this chapter without being licensed under this chapter is guilty of a Class 6 felony.
Source:
SL 2008, ch 253, §41.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-42 - Order to show cause--Temporary restraining order--Cease and desist order--Administrative proceeding--Judicial review.

51A-17-42. Order to show cause--Temporary restraining order--Cease and desist order--Administrative proceeding--Judicial review.
If the director has reason to believe that a person has violated or is violating §51A-17-4, the director may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of §51A-17-4. In an emergency, the director may petition the circuit court for the issuance of a temporary restraining order. An order to cease and desist becomes effective upon service of it upon the person. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 1-26. A person that is served with an order to cease and desist for violating §51A-17-4 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to chapter 1-26. The director shall commence an administrative proceeding within twenty days after issuing an order to cease and desist.
Source:
SL 2008, ch 253, §42.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-43 - Jurisdiction of the courts.

51A-17-43. Jurisdiction of the courts.
Any person who engages in business activity regulated by this chapter is deemed to have consented to the jurisdiction of the courts of South Dakota for all actions arising under this chapter.
Source:
SL 2008, ch 253, §43.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-46 - Funds to be deposited with state treasurer and credited to banking special revenue fund.

51A-17-46. Funds to be deposited with state treasurer and credited to banking special revenue fund.
Any money coming into the custody of the division pursuant to this chapter shall be deposited with the state treasurer. The state treasurer shall credit the money to the banking special revenue fund. Any expenditure of money out of the fund may only be made by appropriation by the Legislature through either the General Appropriation Act or a special appropriation bill. The director shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this chapter.
Source:
SL 2008, ch 253, §46.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-47 - Promulgation of rules.

51A-17-47. Promulgation of rules.
The director may promulgate rules pursuant to chapter 1-26 to establish the process for conducting background investigations, for the conduct of examinations, the reporting of information required by this chapter, and the process for the suspension or revocation of a license issued by the division.
Source:
SL 2008, ch 253, §47.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-48 - Use of nationwide mortgage licensing system and registry as information channeling agent.

51A-17-48. Use of nationwide mortgage licensing system and registry as information channeling agent.
The director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the United States Department of Justice and any other state and federal regulatory official or agency with money transmission industry oversight authority as deemed necessary by the director to carry out the responsibilities of this chapter.
Source:
SL 2015, ch 241, §4; SL 2019, ch 206, §7.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-49 - Collection and maintenance of records and processing of fees.

51A-17-49. Collection and maintenance of records and processing of fees.
The director may establish a relationship or enter into a contract with the nationwide mortgage licensing system and registry or an entity designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to any licensee or person subject to the provisions of this chapter.
Source:
SL 2015, ch 241, §5.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-50 - Confidentiality of information provided to nationwide mortgage licensing system and registry.

51A-17-50. Confidentiality of information provided to nationwide mortgage licensing system and registry.
The following provisions apply to the sharing of information collected and retained by the director during the administration of this chapter:
(1)The provisions of §51A-17-30 regarding privacy or confidentiality apply to any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including any rule of a federal or state court, with respect to the information or material, continue to apply to the information or material after the information or material has been disclosed to the nationwide mortgage licensing system and registry. The information and material may be shared with a state or federal regulatory official who has money transmission industry oversight authority without the loss of privilege or the loss of confidentiality protections by federal law or §51A-17-30; and
(2)No information or material that is subject to privilege or confidentiality pursuant to this section is subject to:
(a)Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or
(b)Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the nationwide mortgage licensing system and registry regarding the information or material is waived, in whole or in part, by the person to whom the information or material pertains.
This section does not apply to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, money transmitters that is included in the nationwide mortgage licensing system and registry for access by the public.
Source:
SL 2015, ch 241, §6.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 17 - Money Transmission › Section 51A-17-51 - Multistate supervisory processes participation.

51A-17-51. Multistate supervisory processes participation.
The director may participate in multistate supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, Money Transmitter Regulators Association, and affiliates and successors thereof for all licensees in this state and other states. As a participant in multistate supervision, the director may:
(1)Cooperate, coordinate, and share information with other states and federal regulators pursuant to §51A-17-30;
(2)Enter into written cooperation, coordination, or information-sharing contracts or agreements with organizations comprised of state or federal governmental agencies; and
(3)Cooperate, coordinate, and share information with organizations comprised of state or federal governmental agencies, provided that the organizations agree in writing to maintain the confidentiality and security of the shared information pursuant to §51A-17-30.
The director may not waive, and nothing in this section constitutes a waiver of, the director's authority to conduct an examination, investigation, or otherwise take independent action authorized by this chapter, rule adopted under this chapter, or order issued under this chapter to enforce compliance with applicable state or federal law. A joint examination or investigation, or acceptance of an examination or investigation report, does not constitute a waiver of an examination assessment provided for in this chapter.
Source: SL 2022, ch 178, §10.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 01 - Definitions And General Provisions › Section 53-1-1 - Contract defined.

53-1-1. Contract defined.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 01 - Definitions And General Provisions › Section 53-1-2 - Essential elements of contract.

53-1-2. Essential elements of contract.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 01 - Definitions And General Provisions › Section 53-1-3 - Contracts, express or implied--Express contract defined--Implied contract defined.

53-1-3. Contracts, express or implied--Express contract defined--Implied contract defined.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 01 - Definitions And General Provisions › Section 53-1-4 - Law and usage of place of performance, application to contracts.

53-1-4. Law and usage of place of performance, application to contracts.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 02 - Parties To Contracts › Section 53-2-1 - Persons capable of contracting.

53-2-1. Persons capable of contracting.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 02 - Parties To Contracts › Section 53-2-2 - Minors and persons of unsound mind--Capacity to contract.

53-2-2. Minors and persons of unsound mind--Capacity to contract.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 02 - Parties To Contracts › Section 53-2-3 - Identification of parties necessary to validity.

53-2-3. Identification of parties necessary to validity.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 02 - Parties To Contracts › Section 53-2-4 - Joint and several contracts.

53-2-4. Joint and several contracts.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 02 - Parties To Contracts › Section 53-2-5 - Promise in singular number--Execution by several persons.

53-2-5. Promise in singular number--Execution by several persons.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 02 - Parties To Contracts › Section 53-2-6 - Contract for benefit of third person--Enforcement by beneficiary, limitation of time.

53-2-6. Contract for benefit of third person--Enforcement by beneficiary, limitation of time.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 03 - Consent To Contracts › Section 53-3-1 - Essentials of consent.

53-3-1. Essentials of consent.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 03 - Consent To Contracts › Section 53-3-2 - Absence of free consent--Contract voidable--Rescission.

53-3-2. Absence of free consent--Contract voidable--Rescission.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 03 - Consent To Contracts › Section 53-3-3 - Mutuality of consent.

53-3-3. Mutuality of consent.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 03 - Consent To Contracts › Section 53-3-4 - Ratification of voidable contract for want of consent.

53-3-4. Ratification of voidable contract for want of consent.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 03 - Consent To Contracts › Section 53-3-5 - Assumption of obligation by acceptance of benefits.

53-3-5. Assumption of obligation by acceptance of benefits.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 04 - Duress, Fraud, Undue Influence And Mistake › Section 53-4-1 - Apparent consent voidable--Grounds.

53-4-1. Apparent consent voidable--Grounds.
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.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 04 - Duress, Fraud, Undue Influence And Mistake › Section 53-4-2 - Consent deemed voidable--Grounds.

53-4-2. Consent deemed voidable--Grounds.
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.