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S.D. Codified Laws § 57A-1-103

Construction of title to promote its purposes and policies--Applicability of supplemental principles of law

Applied in 2 court decisions — leading case Stern Oil Co. v. Brown (2012)

Most recently applied in Stern Oil Co. v. Brown (February 2018)

Source: SL 2008, ch 259, § 3.

(a) This title shall be liberally construed and applied to promote its underlying purposes and policies, which are:

(1) To simplify, clarify, and modernize the law governing commercial transactions;

(2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and

(3) To make uniform the law among the various jurisdictions.

(b) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.