South Dakota Codified Laws > Title 53 > Chapter 4 – Duress, Fraud, Undue Influence and Mistake


§ 53-4-1	Apparent consent voidable–Grounds
§ 53-4-2	Consent deemed voidable–Grounds
§ 53-4-3	Duress defined
§ 53-4-4	Fraud, actual or constructive
§ 53-4-5	Actual fraud, acts constituting, question of fact
§ 53-4-6	Constructive fraud, acts constituting
§ 53-4-7	Undue influence, acts constituting
§ 53-4-8	Mistake, classification
§ 53-4-9	Mistake of fact defined
§ 53-4-10	Mistake of law defined
§ 53-4-11	Mistake of foreign law–Mistake of fact
§ 53-4-12	Provision that contract not avoided by errors in description–Right to rescind forfraud or mistake

Contract: A legal written agreement that becomes binding when signed.
Fraud: Intentional deception resulting in injury to another.
Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}