South Dakota Codified Laws
Chapter 37 - Loan Of Personal Property
Section 43-37-12 - Loan for use or exchange--Indemnification of borrower by lender for damages for defects.

43-37-12. Loan for use or exchange--Indemnification of borrower by lender for damages for defects.
The lender of a thing for use or for exchange must indemnify the borrower for damages caused by defects or vices in it, which he knew at the time of lending and concealed from the borrower.

Source: CivC 1877, §§1083, 1091; CL 1887, §§3707, 3714; RCivC 1903, §§1403, 1410; RC 1919, §§1026, 1033; SDC 1939, §38.0209.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 37 - Loan Of Personal Property

Section 43-37-1 - Loan for use--Definition--Money in specie.

Section 43-37-2 - Loan for exchange--Definition.

Section 43-37-3 - Loan for use or exchange subject to provisions relating to loans for exchange.

Section 43-37-5 - Extent of use of thing by borrower.

Section 43-37-6 - Duties of borrower for use--Preservation of thing--Living animal--Care of thing lent, extent of exercise--Repairs caused by negligence.

Section 43-37-7 - Borrower for use--Lending to third person without consent of lender forbidden.

Section 43-37-8 - Lender of thing for use--Right to require return--Indemnification of borrower for loss.

Section 43-37-10 - Loan for exchange--Modification of contract by lender forbidden.

Section 43-37-11 - Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.

Section 43-37-12 - Loan for use or exchange--Indemnification of borrower by lender for damages for defects.

Section 43-37-13 - Loan for use or exchange--Return of thing to lender by borrower--Specified time--Demand for return.

Section 43-37-14 - Loan for use or exchange--Place for return of thing by borrower.