South Dakota Codified Laws 57A-2-713. Buyer’s damages for nondelivery or repudiation
Current as of: 2023 | Check for updates
|
Other versions
(1) Subject to the provisions of this chapter with respect to proof of market price (§ 57A-2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this chapter (§ 57A-2-715), but less expenses saved in consequence of the seller’s breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Terms Used In South Dakota Codified Laws 57A-2-713
- Buyer: means a person who buys or contracts to buy goods. See South Dakota Codified Laws 57A-2-103
- Contract: A legal written agreement that becomes binding when signed.
- 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
Source: SL 1966, ch 150, § 2-713; SDCL, §§ 57-8-34, 57-8-35.