Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake.

  1. Law
  2. South Dakota Codified Laws
  3. Contracts
  4. Duress, Fraud, Undue Influence And Mistake
  5. Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake.

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53-4-12. Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake.

A provision that errors of description shall not avoid a contract or shall be subject to compensation or both does not take away the right of rescission for fraud, nor for mistake, where such mistake is in a matter essential to the inducement of the contract and is not capable of exact and entire compensation.

Source: CivC 1877, §966; CL 1887, §3590; RCivC 1903, §1284; RC 1919, §905; SDC 1939, §10.0803.


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