Elements essential to existence of a contract are:

(1) Parties capable of contracting;

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Terms Used In South Dakota Codified Laws 53-1-2

  • Contract: A legal written agreement that becomes binding when signed.

(2) Their consent;

(3) A lawful object; and

(4) Sufficient cause or consideration.

Source: CivC 1877, § 871; CL 1887, § 3495; RCivC 1903, § 1189; RC 1919, § 804; SDC 1939, § 10.0102.