53-4-7. Undue influence, acts constituting.
Undue influence consists:
(1)In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; or
(2)In taking an unfair advantage of another's weakness of mind; or
(3)In taking a grossly oppressive and unfair advantage of another's necessities or distress.
Source: CivC 1877, §886; CL 1887, §3510; RCivC 1903, §1204; RC 1919, §819; SDC 1939, §10.0310.
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.