Public-domain · open source
OpenJurist

S.D. Codified Laws § 57A-2-314

Implied warranty--Merchantability--Usage of trade

Known as the Uniform Commercial Code

The act spans §§ 57A-1-101 to 57A-9-809 (574 sections).

Applied in 13 court decisions — leading case Crandell v. Larkin and Jones Appliance Co. (1983)

Most recently applied in Anderson Industries v. Thermal Intelligence (August 2025)

Source: SL 1966, ch 150, § 2-314; SDCL, §§ 57-4-30 to 57-4-32.

How often courts cite this section

19821990200020102020202520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Unless excluded or modified (§ 57A-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as

(a) Pass without objection in the trade under the contract description; and

(b) In the case of fungible goods, are of fair average quality within the description; and

(c) Are fit for the ordinary purposes for which such goods are used; and

(d) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e) Are adequately contained, packaged, and labeled as the agreement may require; and

(f) Conform to the promises or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified (§ 57A-2-316) other implied warranties may arise from course of dealing or usage of trade.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.