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S.D. Codified Laws § 57A-2-715

Buyer's incidental and consequential damages

Known as the Uniform Commercial Code

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

Applied in 11 court decisions — leading case Ducheneaux v. Miller (1992)

Most recently applied in Jacobson v. Gulbransen (March 2001)

Source: SL 1966, ch 150, § 2-715; SDCL, §§ 57-8-39, 57-8-40.

How often courts cite this section

198219902000200120
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) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include:

(a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) Injury to person or property proximately resulting from any breach of warranty.

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