S.D. Codified Laws § 57A-2-714

Buyer's damages for breach in regard to accepted goods

Known as the Uniform Commercial Code

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

Applied in 7 court decisions — leading case Ducheneaux v. Miller (1992)

Most recently applied in Colton v. Decker (November 1995)

Source: SL 1966, ch 150, § 2-714; SDCL, §§ 57-8-36 to 57-8-38.

How often courts cite this section

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) Where the buyer has accepted goods and given notification (subsection (3) of § 57A-2-607) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.

(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.

(3) In a proper case any incidental and consequential damages under § 57A-2-715 may also be recovered.

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