Consent of the parties to a contract must be:
(1) Free;
(2) Mutual; and
(3) Communicated by each to the other.
S.D. Codified Laws § 53-3-1
Essentials of consent
Applied in 8 court decisions — leading case Vander Heide v. Boke Ranch, Inc. (2007)
Most recently applied in Paweltzki v. Paweltzki (September 2021)
Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.
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.