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 § 39-73-370

Title 39TRADE AND COMMERCE

Ch. 73STATE COMMODITY CODE

This text of 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.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 39-73-370 (2026).

Text

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.

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.