South Dakota Statutes
§ 57A-2-605 — Waiver of buyer's objections by failure to particularize.
South Dakota § 57A-2-605
This text of South Dakota § 57A-2-605 (Waiver of buyer's objections by failure to particularize.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 57A-2-605 (2026).
Text
(1)The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach (a) Where the seller could have cured if it stated seasonably; or (b) Between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.
(2)Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
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Related
Colton v. Decker
540 N.W.2d 172 (South Dakota Supreme Court, 1995)
Legislative History
SL 1966, ch 150, § 2-605; SDCL §§ 57-7-9, 57-7-10; SL 2009, ch 254, § 815.
Nearby Sections
15
§ 57A-1-101
Short title.§ 57A-1-102
Scope of chapter.§ 57A-1-104
Construction against implied repeal.§ 57A-1-105
Severability.§ 57A-1-106
Use of singular and plural--Gender.§ 57A-1-107
Section captions.§ 57A-1-201
General definitions.§ 57A-1-202
Notice--Knowledge.§ 57A-1-203
Lease distinguished from security interest.§ 57A-1-204
Value.§ 57A-1-205
Reasonable time--Seasonableness.§ 57A-1-206
Presumptions.§ 57A-1-207
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Bluebook (online)
South Dakota § 57A-2-605, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/57A-2-605.