53-4-3. Duress defined.
Duress consists in:
(1)Actual or threatened unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; or
(2)Actual or threatened confinement of any such person or persons lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive; or
(3)Actual or threatened unlawful violent injury to the person or property of any such person or persons; or
(4)Actual or threatened injury to the character of any such person or persons; or
(5)Actual unlawful detention of the property of any such person.
Source: CivC 1877, §§880, 881; CL 1887, §§3504, 3505; RCivC 1903, §§1198, 1199; RC 1919, §§813, 814; SDC 1939, §10.0305.
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.