South Carolina Code 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller’s control, where delivery completed within reasonable time
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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 § 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under § 39-73-10(5) or § 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;
Terms Used In South Carolina Code 39-73-370
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) physical delivery was completed within a reasonable time under the applicable circumstances.