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.
S.D. Codified Laws § 53-11-4
Prompt action by party rescinding on discovery of duress, undue influence, or disability
Applied in 12 court decisions — leading case Nielsen v. McCabe (1989)
Most recently applied in 158 F. Supp. 3d 837 - Atmosphere Hospitality Management, LLC v. Shiba Investments, Inc. (January 2016)
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).
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.