South Dakota Codified Laws 57A-2-714. Buyer’s damages for breach in regard to accepted goods
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(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.
Terms Used In South Dakota Codified Laws 57A-2-714
- Buyer: means a person who buys or contracts to buy goods. See South Dakota Codified Laws 57A-2-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Seller: means a person who sells or contracts to sell goods. See South Dakota Codified Laws 57A-2-103
(3) In a proper case any incidental and consequential damages under § 57A-2-715 may also be recovered.
Source: SL 1966, ch 150, § 2-714; SDCL, §§ 57-8-36 to 57-8-38.