53-4-9. Mistake of fact defined.
Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:
(1)An unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or
(2)Belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed.
Source: CivC 1877, §888; CL 1887, §3512; RCivC 1903, §1206; RC 1919, §821; SDC 1939, §10.0312.
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.