21-9-3. Unfair and unreasonable contracts not specifically enforceable.
Specific performance cannot be enforced against a party to a contract in any of the following cases:
(1)If he has not received an adequate consideration for the contract;
(2)If it is not, as to him, just and reasonable;
(3)If his assent was obtained by misrepresentation, concealment, circumvention, or unfair practice of any party, to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled;
(4)If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.
Source: CivC 1877, §2000; CL 1887, §4633; RCivC 1903, §2345; RC 1919, §2016; SDC 1939 & Supp 1960, §37.4603.
Structure South Dakota Codified Laws
Chapter 09 - Actions For Specific Performance
Section 21-9-1 - Performance may be compelled except as provided.
Section 21-9-2 - Obligations and agreements not specifically enforceable.
Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.
Section 21-9-6 - Clear title required for specific performance of agreement to purchase property.
Section 21-9-8 - Performance or offer to perform in lieu of signature of written contract.
Section 21-9-9 - Adequacy of compensation for failure to transfer property.
Section 21-9-10 - Compelling delivery of personal property to person entitled to possession.