53-4-10. Mistake of law defined.
A mistake of law in relation to consent to contract constitutes a mistake resulting in voidable consent only when it arises from:
(1)A misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or
(2)A misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify.
Source: CivC 1877, §889; CL 1887, §3513; RCivC 1903, §1207; RC 1919, §822; SDC 1939, §10.0313.
Structure South Dakota Codified Laws
Chapter 04 - Duress, Fraud, Undue Influence And Mistake
Section 53-4-1 - Apparent consent voidable--Grounds.
Section 53-4-2 - Consent deemed voidable--Grounds.
Section 53-4-3 - Duress defined.
Section 53-4-4 - Fraud, actual or constructive.
Section 53-4-5 - Actual fraud, acts constituting, question of fact.
Section 53-4-6 - Constructive fraud, acts constituting.
Section 53-4-7 - Undue influence, acts constituting.
Section 53-4-8 - Mistake, classification.
Section 53-4-9 - Mistake of fact defined.
Section 53-4-10 - Mistake of law defined.