Contracts

In South Dakota, an express contract is one that is:

AImplied by the actions of the parties
BCreated by the operations of law
CStated explicitly in written or oral form✓ Correct
DAlways unenforceable without notarization

Explanation

An express contract is one in which the terms are explicitly stated, either in writing or orally. It is distinguished from an implied contract, which arises from the actions of the parties.

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