South Carolina § 39-73-370 Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.

South Carolina Statutes

§ 39-73-370 — Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.

South Carolina·Title 39 TRADE AND COMMERCE·Ch. 73 STATE COMMODITY CODE

It is a defense in a complaint, information, indictment, a writ, or a proceeding brought under this chapter alleging a violation of Section 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under Section 39-73-10(5) or Section 39-73-40(A)(2) if:

(1)failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, persons occupying a similar status or performing similar functions, persons who directly or indirectly control or are controlled by the seller, or the seller's affiliates, subsidiaries, or successors; or (2) physical delivery was completed within a reasonable time under the applicable circumstances.

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It is a defense in a complaint, information, indictment, a writ, or a proceeding brought under this chapter alleging a violation of Section 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under Section 39-73-10(5) or Section 39-73-40(A)(2) if: (1) failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, persons occupying a similar status or performing similar functions, persons who directly or indirectly control or are controlled by the seller, or the seller's affiliates, subsidiaries, or successors; or (2) physical delivery was completed within a reasonable time under the applicable circumstances.

South Carolina § 39-73-370 (Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 1993 Act No. 68, SECTION 1, eff 200 days after approval (approved May 14, 1993); 2025 Act No. 67 (H.4247), SECTION 11, eff May 22, 2025. Effect of Amendment 2025 Act No. 67, SECTION 11, in (1), made a nonsubstantive change.