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.
S.D. Codified Laws § 53-3-5
Assumption of obligation by acceptance of benefits
Applied in 6 court decisions — leading case Schutterle v. Schutterle (1977)
Most recently applied in Masteller v. Champion Home Builders, Co. (October 2006)
Source: CivC 1877, § 900; CL 1887, § 3524; RCivC 1903, § 1218; RC 1919, § 833; SDC 1939, § 10.0324.
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.