53-3-1      Essentials of consent.
53-3-2      Absence of free consent--Contract voidable--Rescission.
53-3-3      Mutuality of consent.
53-3-4      Ratification of voidable contract for want of consent.
53-3-5      Assumption of obligation by acceptance of benefits.

53-3-1. Essentials of consent.

Consent of the parties to a contract must be:

(1)    Free;

(2)    Mutual; and

(3)    Communicated by each to the other.

Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.

53-3-2. Absence of free consent--Contract voidable--Rescission.

Consent which is not free is not void but voidable and may be rescinded in the manner prescribed by the statutes on rescission.

Source: CivC 1877, § 877; CL 1887, § 3501; RCivC 1903, § 1195; RC 1919, § 810; SDC 1939, § 10.0302.

53-3-3. Mutuality of consent.

Consent is not mutual unless the parties all agree upon the same thing in the same sense. In certain cases prescribed in the law on interpretation of contracts they are to be deemed so to agree without regard to the fact.

Source: CivC 1877, § 891; CL 1887, § 3515; RCivC 1903, § 1209; RC 1919, § 824; SDC 1939, § 10.0315.

53-3-4. Ratification of voidable contract for want of consent.

A contract which is voidable solely for want of due consent may be ratified by a subsequent consent.

Source: CivC 1877, § 899; CL 1887, § 3523; RCivC 1903, § 1217; RC 1919, § 832; SDC 1939, § 10.0323.

53-3-5. Assumption of obligation by acceptance of benefits.

A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it so far as the facts are known or ought to be known to the person accepting.

Source: CivC 1877, § 900; CL 1887, § 3524; RCivC 1903, § 1218; RC 1919, § 833; SDC 1939, § 10.0324.