S.D. Codified Laws § 57A-2-712

"Cover"--Buyer's procurement of substitute goods

Known as the Uniform Commercial Code

The act spans §§ 57–57 (574 sections).

Applied in 1 court decision — leading case Mash v. Cutler (1992)

Most recently applied in Mash v. Cutler (June 1992)

Source: SL 1966, ch 150, § 2-712; SDCL, §§ 57-8-31 to 57-8-33.

"Cover"--Buyer's procurement of substitute goods.

(1) After a breach within § 57A-2-711, the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (§ 57A-2-715), but less expenses saved in consequence of the seller's breach.

(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.

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