Consent is deemed to have been obtained through duress, fraud, undue influence, or mistake, only when it would not have been given except for one or more of them.
S.D. Codified Laws § 53-4-2
Consent deemed voidable--Grounds
Applied in 3 court decisions — leading case Home Building & Loan Ass'n v. Perpetual Savings & Loan Ass'n of Rapid City, South Dakota (1983)
Most recently applied in Vermilyea v. BDL Enterprises, Inc. (November 1990)
Source: CivC 1877, § 879; CL 1887, § 3503; RCivC 1903, § 1197; RC 1919, § 812; SDC 1939, § 10.0304.
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.