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S.D. Codified Laws § 53-11-2

Rescission by party to contract--Grounds

Applied in 42 court decisions — leading case Schmidt v. Wildcat Cave, Inc. (1977)

Most recently applied in Cal SD, LLC v. Interwest Leasing, LLC (December 2024)

Source: CivC 1877, § 965; CL 1887, § 3589; RCivC 1903, § 1283; RC 1919, § 904; SDC 1939, § 10.0802.

How often courts cite this section

196919801990200020102020202440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.