A. What title of the South Dakota statutes is entitled “Contracts”?
a. SDCL 52 (example: SDCL 10)
B. What is the definition of a contract in this South Dakota?
a. A contract is an agreement to do or not to do a certain thing.
b. SDCL 53-1-1
C. What are the essential elements of a contract in South Dakota?
a. Parties capable of contracting;
b. Their consent;
c. A lawful object; and
d. Sufficient cause or consideration.
e. SDCL 53-1-2
D. What is the definition of an express contract in South Dakota?
a. An express contract is one, the terms of which are stated in words.
b. SDCL 53-1-3
E. What is the definition of an implied contract in South Dakota?
a. An implied contract is one, the existence and terms of which are manifested by conduct.
b. SDCL 53-1-3
F. What persons are capable of making a contract in South Dakota?
a. All persons are capable of contracting except minors, persons of unsound mind, and
persons deprived of civil rights.
b. SDCL 53-2-1
G. Can a valid contract be created in South Dakota without identifying the parties to the
contract?
a. If the parties cannot be identified, a contract is invalid.
b. SDCL 53-2-3
H. What acts constitute good consideration for a contract made in South Dakota?
a. Any benefit conferred or agreed to be conferred upon the promiser by any other person
to which the promiser is not lawfully entitled, or any prejudice suffered or agreed to be
