South Dakota Statutes
§ 57A-2-714 — Buyer's damages for breach in regard to accepted goods.
South Dakota § 57A-2-714
This text of South Dakota § 57A-2-714 (Buyer's damages for breach in regard to accepted goods.) 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-2-714 (2026).
Text
(1)Where the buyer has accepted goods and given notification (subsection (3) of § 57A-2-607 ) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.
(2)The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3)In a proper case any incidental and consequential damages under § 57A-2-715 may also be recovered.
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Related
Johnson v. John Deere Co.
306 N.W.2d 231 (South Dakota Supreme Court, 1981)
Ducheneaux v. Miller
488 N.W.2d 902 (South Dakota Supreme Court, 1992)
Durham v. Ciba-Geigy Corp.
315 N.W.2d 696 (South Dakota Supreme Court, 1982)
Hepper v. Triple U Enterprises, Inc.
388 N.W.2d 525 (South Dakota Supreme Court, 1986)
Zacher v. Budd Co.
396 N.W.2d 122 (South Dakota Supreme Court, 1986)
Schmaltz v. Nissen
431 N.W.2d 657 (South Dakota Supreme Court, 1988)
Colton v. Decker
540 N.W.2d 172 (South Dakota Supreme Court, 1995)
Horizons, Inc. v. Avco Corp.
551 F. Supp. 771 (D. South Dakota, 1982)
Cundy v. International Trencher Service, Inc.
358 N.W.2d 233 (South Dakota Supreme Court, 1984)
Legislative History
SL 1966, ch 150, § 2-714; SDCL, §§ 57-8-36 to 57-8-38.
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-2-714, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/57A-2-714.