An acceptance must be absolute and unqualified or must include in itself an acceptance of that character which the proposer can separate from the rest and which will conclude the person accepting. A qualified acceptance is a new proposal.
S.D. Codified Laws § 53-7-3
Absolute and unqualified acceptance required--Qualified acceptance, new proposal
Applied in 3 court decisions — leading case Advanced Recycling Systems, LLC v. Southeast Properties Ltd. Partnership (2010)
Most recently applied in Nelson v. Estate of Campbell (March 2023)
Source: CivC 1877, § 896; CL 1887, § 3520; RCivC 1903, § 1214; RC 1919, § 829; SDC 1939, § 10.0320.
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.