Mistake of law defined
Applied in 7 court decisions — leading case In Re Estate of Smid (2008)
Most recently applied in Harding County v. Frithiof (August 2009)
Source: CivC 1877, § 889; CL 1887, § 3513; RCivC 1903, § 1207; RC 1919, § 822; SDC 1939, § 10.0313.
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 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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.