Consent of the parties to a contract must be:

(1) Free;

Terms Used In South Dakota Codified Laws 53-3-1

  • Contract: A legal written agreement that becomes binding when signed.

(2) Mutual; and

(3) Communicated by each to the other.

Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.