South Dakota § 57A-2-708 Seller's damages for nonacceptance or repudiation.

South Dakota Statutes

§ 57A-2-708 — Seller's damages for nonacceptance or repudiation.

South Dakota § 57A-2-708

Title 57AUNIFORM COMMERCIAL CODE

Ch. 57ASALES

This text of South Dakota § 57A-2-708 (Seller's damages for nonacceptance or repudiation.) 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-2-708 (2026).

Text

(1)Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (§ 57A-2-723 ), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (§ 57A-2-710 ), but less expenses saved in consequence of the buyer's breach.

(2)If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (§ 57A-2-7

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(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (§ 57A-2-723 ), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (§ 57A-2-710 ), but less expenses saved in consequence of the buyer's breach. (2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (§ 57A-2-710 ), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.