§ 21-11-1 Fraud or mistake as ground for revision
§ 21-11-2 Presumption of intent to make equitable agreement
§ 21-11-3 Intent considered in revising instrument–Court not restricted by language
§ 21-11-4 Revision and specific enforcement in combined or separate proceedings
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 11 - Revision of Contracts

  • Contract: A legal written agreement that becomes binding when signed.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fraud: Intentional deception resulting in injury to another.
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2