20-11A-1. Power to contract denied person without understanding–Liabilities for necessaries. A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary for his support or the support of his family. Source: CivC 1877, §20; CL 1887, §2519; […]
20-11A-2. Contract made before adjudication of incapacity subject to rescission. A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission as provided in chapter 21-12. Source: CivC 1877, §21; CL 1887, §2520; RCivC 1903, §21; RC 1919, […]
20-11A-3. Disability after adjudication of incapacity–Testamentary power on actual restoration to capacity. After his incapacity has been judicially determined, a person of unsound mind can make no conveyance or other contract, nor delegate any power, nor waive any right, until his restoration to capacity is judicially determined. If actually restored to capacity, he may make […]
20-11A-4. Liability for torts. A person of unsound mind, of whatever degree, is civilly liable for a wrong done by him, in like manner as any other person. Source: CivC 1877, §23; CL 1887, §2522; RCivC 1903, §23; RC 1919, §89; SDC 1939, §30.0804; SDCL, §27A-2-4.
20-11A-5. Restriction on subjection to exemplary damages. A person of unsound mind cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was wrongful. Source: CivC 1877, §24; CL 1887, §2523; RCivC 1903, §24; RC 1919, §90; SDC 1939, §30.0805; SDCL §27A-2-5.
